Getting a call from the police or receiving a notice to attend Court can make your stomach drop. It is a frightening experience, mostly because the legal system feels like a maze designed to confuse you. If you or a loved one is facing charges, you might be frantically searching online, trying to understand what is happening.
You are likely seeing terms like “arrestable offence” or “statutory law” and wondering how they apply to your specific situation. While the Penal Code in Singapore covers a vast range of offences, they generally fall into specific categories based on the nature of the crime.
To help you make sense of it all, we are going to break down the types of criminal law you might encounter. Knowing which category your matter falls under can give you a clearer picture of the potential penalties and the defence strategy required.
1. Crimes Against The Person
This category covers offences where a human being suffers bodily harm or injury.
In the Singapore State Courts, these are arguably the most intensely litigated cases because they often involve he-said-she-said scenarios and visible injuries.
The most frequently encountered charge here is Voluntarily Causing Hurt under Section 323 of the Penal Code. This might sound like legal jargon, but it usually refers to simple assault cases, such as a punch thrown during a dispute or a scuffle between neighbours. While it might seem minor, a conviction can still lead to imprisonment for up to three years, a fine of up to $5,000, or both.
On the more severe end of the spectrum, the law deals with offences like Voluntarily Causing Grievous Hurt, where the injuries are permanent or life-threatening, such as fractures or loss of sight. This category also encompasses severe capital offences, including Culpable Homicide and Murder, where the prosecution must prove a specific intention to cause death or injuries likely to cause death.
Sexual offences are also classified here. Crimes such as Outrage of Modesty (molestation) and Rape involve violations of a person’s bodily integrity. For these offences, Singapore’s law is stringent in protecting victims, and punishments often include mandatory caning for male offenders under 50.
2. Crimes Against Property
When an offence involves the taking, damaging, or destroying of another party’s assets, it is classified as a crime against property. This is a broad category that affects individuals and businesses alike.
Theft is the most common example, defined under Section 378 of the Penal Code. It involves dishonestly removing someone else’s property from their possession without consent. This can range from shoplifting (often charged as Theft in Dwelling, which carries a mandatory jail term) to stealing a vehicle.
However, this category also extends to complex white-collar crimes. Criminal Breach of Trust (CBT) is a major offence here, often involving employees or agents who misappropriate funds entrusted to them. For instance, if a company director diverts business funds into their personal account, that is CBT.
The Courts generally take a harsh view of CBT cases because they involve a violation of trust, often resulting in custodial sentences even for first-time offenders.
Other common property crimes include Vandalism, which involves damaging public or private property and can attract caning sentences.
3. Inchoate Offences
This is perhaps the most confusing area of criminal law for the average person, because you can be prosecuted even if the actual crime never occurred. The term “inchoate” essentially means “incomplete” or “just begun”.
The law in Singapore punishes the planning and plotting of crimes just as seriously as the acts themselves. There are three main types of inchoate offences you should be aware of:
- Abetment: This occurs when you instigate, engage in a conspiracy, or intentionally aid someone else to commit a crime. For example, if you lend a weapon to a friend knowing they intend to use it for a robbery, you can be charged with abetment, even if you were not at the scene.
- Criminal Conspiracy: Under Section 120A of the Penal Code, this involves an agreement between two or more people to do an illegal act. The mere deal can be enough to trigger a charge, provided some act was done in pursuance of that conspiracy.
- Attempt: If you try to commit a crime but fail, for instance, trying to pick a pocket that turns out to be empty, you can still be charged with attempting to commit theft. The law focuses on your intention and the steps you took towards breaking the law.
4. Statutory Offences
While the Penal Code is the primary statute for general crimes, many specific offences in Singapore are governed by their own separate Acts of Parliament. These are known as Statutory Offences, and they regulate particular conduct that the state deems harmful to society.
A prime example is the Misuse of Drugs Act (MDA). Singapore maintains a zero-tolerance stance on drugs, and the MDA sets out distinct punishments for consumption, possession, and trafficking. Unlike some Penal Code offences, which allow judges wide sentencing discretion, statutory offences often carry mandatory minimum sentences. For instance, trafficking nearly always attracts a heavy mandatory jail term, caning, or the death penalty for certain thresholds.
Traffic violations fall under the Road Traffic Act. While a speeding ticket is a minor regulatory breach, serious acts like drink driving or reckless driving causing death are criminal statutory offences that can lead to imprisonment and lengthy disqualification from driving.
Other notable statutory laws include the Protection from Harassment Act (POHA), which criminalises stalking and online harassment, and the Moneylenders Act, which deals with unlicensed moneylending (loan shark) activities. These laws are highly specific and often operate with their own sets of presumptions that shift the burden of proof onto the accused.
Conclusion About the Types of Criminal Law
Navigating the criminal justice system is not something you should do alone. Whether it is a misunderstanding regarding property or a serious accusation against a person, the outcome of your case depends on how well you present your defence to the Court. Do not leave your freedom to chance.
If you are looking for the best criminal lawyers in Singapore to fight your corner, Tembusu Law is here to help you secure the best possible outcome.
Contact us today for a free discovery call and let us help you map out your next steps.
Frequently Asked Questions About Criminal Law
What Is The Difference Between Arrestable And Non-Arrestable Offences?
An arrestable offence is a crime where the police have the authority to arrest you without a warrant, such as theft or robbery. For non-arrestable offences, like simple mischief or minor assault, the police generally require a warrant from the Court to make an arrest.
Will I Automatically Get A Criminal Record?
Not every conviction leads to a criminal record. In Singapore, only certain registerable offences are recorded in the Register of Criminals. Generally, serious crimes will leave a record, but some minor offences may not if the Court exercises discretion or if you are given a discharge amounting to an acquittal.
Can I Settle A Criminal Case Out Of Court?
Certain minor offences can be compounded, which means the victim agrees to drop the charges in exchange for compensation or an apology. However, serious crimes against the state or severe violent crimes cannot be settled privately and must proceed through the justice system regardless of the victim’s wishes.
What Happens If I Cannot Afford A Lawyer?
If you are facing criminal charges and cannot afford legal fees, you may apply to the Criminal Legal Aid Scheme (CLAS) or the Public Defender’s Office (PDO). They assess cases based on a means test and the merits of the case to decide if you qualify for government-funded legal representation.
