A call from the police or a notice to attend an interview is frightening, and what you say in the first days can shape the whole case. This guide explains what happens between investigation and trial, and where good advice makes a difference.
The investigation
The police, or another enforcement agency, may ask you to attend an interview and give a statement under the Criminal Procedure Code 2010. You must tell the truth, but you are not obliged to say anything that might expose you to a criminal charge. Everything you say is recorded and can be used later.
When you are charged, or told you may be prosecuted, you may be asked for a cautioned statement. This is your chance to set out your defence. If you leave out a fact you later rely on at trial, the court may hold that against you.
Access to a lawyer
There is no right to have a lawyer present at the start of police questioning. The Court of Appeal has held that an arrested person must be allowed access to counsel within a reasonable time (James Raj s/o Arokiasamy v Public Prosecutor [2014] 3 SLR 750). In practice, the most useful advice comes before the interview, so call a lawyer as soon as you know one is coming.
Bail
If you are arrested, you may be released on bail with conditions: a bailor, a sum of money, and often surrender of your passport. If you need to travel for work or family reasons, an application can be made to the court.
In court
Most cases begin with a first mention in the State Courts, where the charge is read and bail and timetables are dealt with. Later hearings manage the case towards a plea or a trial. For many offences, a criminal case disclosure process requires the prosecution and the defence to set out their cases before trial.
Representations to the prosecution
Defence counsel can write to the prosecution asking for a charge to be reduced, withdrawn, compounded, or replaced with a warning. Well-prepared representations, backed by evidence and mitigation, resolve many cases without a trial.
Plea or trial
If you plead guilty, the focus moves to mitigation and the sentence. If you claim trial, the prosecution must prove the charge beyond reasonable doubt. Either way, the decision should come after an honest assessment of the evidence.
Legal aid
The Criminal Legal Aid Scheme (CLAS) helps eligible accused persons who cannot afford a lawyer, and the Legal Assistance Scheme for Capital Offences (LASCO) covers capital cases. Akesh has volunteered as defence counsel under both.
Common questions
Do I have to give a statement to the police?
You can be required to attend and give a statement. You must state the facts truly, but you are not obliged to say anything that might expose you to a criminal charge. Take advice on how this applies to you before the interview if you can.
Can I have a lawyer during a police interview?
Not as of right at the outset. The Court of Appeal has held that an arrested person must be allowed access to counsel within a reasonable time. Advice before an interview is still valuable.
Can my charge be reduced?
Defence counsel can make written representations to the prosecution asking for a reduced charge, a withdrawal, a composition or a warning instead of prosecution. Whether this succeeds depends on the evidence and the circumstances.
What happens at the first court mention?
The charge is read and the court deals with bail and scheduling. You will usually not be asked to plead guilty or not guilty at once if you need time to take advice.
Akesh Abhilash is a Singapore disputes lawyer with eleven years in practice, acting in commercial, cross-border and criminal matters before the Court of Appeal, the High Court, the State Courts and international tribunals. Read his profile.