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21st Century Crimes An Introduction


Criminal Proceedings
[ Publication date Jan 01, 2001 ]

  1. SCENEOF THE CRIME
  2. BOOKING
  3. CHARGINGTHE SUSPECTED OFFENDER
  4. BAIL/DETENTION
  5. PRELIMINARYHEARING
  6. TRIAL
  7. SENTENCING
  8. FINE,PROBATION, IMPRISONMENT
  9. APPEAL

1. SCENE OF THE CRIME  top5

Normally, somebody reports that a crime has been committed. Aninvestigation will take place. Any suspect will be detained forquestioning and arrested if the investigating officer believes thesuspect to be involved with the offence.

2. BOOKING  top5

An administrative procedure which records the defendant's name,the crime charged and all other relevant information about thedefendant.

3. CHARGING THE SUSPECTED OFFENDER top5

When the defendant appears in court and the charges are read,translated (if necessary) to the defendant. He may enter a plea of"guilty" or "not guilty". In the statement ofthe charge or charges, the defendant is provided with a writtenstatement containing details and facts of the crime of which he isaccused and how he is involved. If the defendant enters a "notguilty" plea, a date for trial is set.

4. BAIL/DETENTION  top5

Bail is either set or the defendant is required to be detained in"police custody" (ie. the prison). When a higher amountof bail is set, another person (beside the accused) is oftenrequired to provide the money set as bail or a guarantee againsthis property, to ensure that the defendant will turn up in court.This person is called a bailor. If bail is posted, the defendantis released but must show up at the next hearing or the bail moneywill be forfeited.

5. PRELIMINARY HEARING  top5

A hearing in which the judge determines whether the defendantshould be held for trial. At the preliminaries, the prosecutionmust provide sufficient evidence to the judge that the defendanthad committed the crime with which he was charged. The proof mustbe enough to convince the judge that it is not reasonable to haveany doubt that the accused was guilty.

6. TRIAL  top5

Parties will make their opening statements and examine witnesses.Presentation of evidence will be made and thereafter the partiesmake their closing statements. The judge will then make his/herverdict on the case. After a verdict is issued, both prosecutionand defence have a right to appeal against the verdict or thesentence.

7. SENTENCING  top5

When a defendant has been found guilty by trial or has pleadedguilty, a hearing is set to determine what is the proper sentence(penalty) to be imposed. Statements of facts, reports fromvictims, mitigating factors or aggravating circumstances (such asprevious convictions) are often submitted to the judge before hepronounces his judgment at a sentencing hearing.

8. FINE, PROBATION OR IMPRISONMENT top5

The defendant may be ordered to pay a fine, be released subject tospecific terms of probation, or sent to jail. If a person violatesthe term of his/her probation, that person's probation will berevoked and he/she will be sent to jail immediately.

9. APPEAL  top5

After sentencing, either party may appeal against the verdict andask a higher court (the appeals or "appellate" court) toconsider whether all laws and procedural rules were properlyfollowed in reaching the verdict and/or the punishment.

Q: What rights do I have when a police officer asks mequestions?

Police officers routinely ask questions of victims, witnesses andsuspects. If you feel that you are a suspect or could be one, youshould consult your lawyer before speaking to any police officers.However, once you are being investigated at the police station,the rules in Singapore do not permit you to have a lawyer presentunless you are formally being charged. A police officer above therank of sergeant can detain you for up to 48 hours before chargingyou.

Police officers have the right to investigate circumstances whenthere are facts which appear unusual or behaviour which issuspicious. Thus law enforcement officers may temporarily stop aperson in a public place for the purpose of requiring the personto justify his/her presence and activity in the location and toidentify him/herself. The stop may be accompanied by a"patdown" search for weapons. This enables law enforcementofficers, with minimal upset to public tranquility and intrusioninto personal rights, determine whether they should arrest asuspect, investigate further or take no action as their initialsuspicion proved groundless.

Where a police officer above the rank of sergeant suspects that aserious offence (known as a "seizable" offence) has beencommitted, he may arrest a suspect or search the suspect'spremises without a warrant.

Q: When a person is arrested by the police must the person betold that he/she need not say anything that will cause him to gethim into trouble with the law i.e. whether the police must tellhim that he has a right to remain silent?

There is no requirement that the police must inform the person that he/she has the right to remain silent.

An accused person in a criminal case can choose to be represented by a lawyer or to conduct his own case. Accused persons who cannot afford legal representation can contact the Law Society of Singapore for more information on the Criminal Legal Aid Scheme.

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