Police Investigation & Interview FAQs
To find out if you’re choosing the BEST Criminal lawyer for your case, check if he knows the answers to the technical questions below and see if he can explain them to you in a simple and clear way that you can easily understand.
Police Arrests
When can the Police arrest you? Do they need a Warrant of Arrest?
The Police can arrest you without the Court’s permission (i.e. a Warrant of Arrest) if they reasonably suspect you’ve committed an arrestable offence and they need to detain you to help with investigations or charge you in Court.
You can find out more information about arrestable offences here in the First Schedule of the Criminal Procedure Code.
If the Police reasonably suspect that you’ve committed a non-arrestable offence, they can only arrest you if they have a Warrant of Arrest.
Can the Police use force during the arrest?
The Police can use a reasonable amount of force against you to carry out the arrest and search you. If you are a woman, then only a female officer can search you.
During your arrest, you can ask the arresting officer to show his official identification and inform you of the reasons for your arrest.
Is it true the Police can detain you for 48 hours after arrest?
Yes, the Police can detain you in their custody for up to 48 hours after your arrest. After 48 hours, the Police must release you. Sometimes, they may ask you to provide Bail (i.e. promise to report back to the Police station to help with investigations or to attend Court to face official criminal Charges).
The Police can extend your detention for more than 48 hours if they get the Court’s permission by giving reasons for the extension.
Police & Court Bail
When must you provide Bail?
You must provide Police Bail if you’re involved in ongoing Police investigations or being investigated for committing a criminal offence. This is to make sure that you continue to report at the Police station when needed.
You must provide Court Bail if you’re involved in ongoing criminal Court proceedings or currently charged for in Court for committing a criminal offence. This is to make sure that you continue to attend Court when needed.
Bail is the sum of money you must give as a security to get your release from the custody of the Police or the Court.
When you provide Bail, you must find a Bailor or surety who’ll promise to pay the sum of money if you fail to appear at the Police station or Court.
Usually, you cannot be your own Bailor if you’re the suspect being investigated or the person being charged in Court, but the Police can sometimes allow you to pay for your own security by making a personal bond or giving a personal undertaking.
After you’ve provided Bail, you cannot leave Singapore unless you get the permission of the Police or Court.
When you ask for permission in Court to travel overseas, you and your Bailor must both be present. If the Court gives you permission to travel, it may increase the bail amount as a condition or criteria before you are given permission.
If you’re on Bail and fail to report to the Police station or attend Court when needed, a Warrant of Arrest will be issued for the Police to arrest you. When you fail to report to the Police station or attend Court while you are on Bail, the Court will forfeit the full amount of the Bail unless your Bailor can explain and give reasons why it shouldn’t be done.
Who can qualify to be your Bailor?
Your Bailor must satisfy the following conditions:
- At least 21 years old
- Cannot be an undischarged bankrupt
- Cannot have an ongoing or pending criminal Court case
- Must be a Singapore Citizen or a Singapore Permanent Resident
- Must accept the responsibilities of a Bailor until the case is closed
- Must give or pledge security (either in cash or in personal properties) for the Bail amount
The Court has complete authority to decide whether someone can qualify to be your Bailor.
What other bail conditions are imposed?
If you’re on Bail, the Police or Court can impose additional conditions to secure and compel your attendance.
Some examples of additional Bail conditions include:
- Must surrender your passport to the Police or Court
- Must follow a curfew or time-restriction
- Must report to the Investigating Officer (IO) regularly
- Must have more than one bailor
- Must have a fixed amount of cash (and not only assets or properties)
- Must have a Bailor who’s a Singapore Citizen or Singapore Permanent Resident
What are your Bailor’s duties?
If you’re on Bail, your Bailor must ensure you continue to report to the Police station or attend Court whenever needed until the case is closed.
He’ll forfeit the full amount of bail if you fail to report to the Police station or attend Court when needed or if you breach any conditions of the Bail.
What can be used as security for Bail?
If you’re on Bail, your Bailor must provide security for bail in the following ways:
- Cash
- Monies in your Bailor’s bank savings account. The funds will be frozen during the remaining period o Bail. Your Bailor can only use his sole bank account. A joint account can only be used as security if both account holders are Bailors.
- Cashier’s Order
- NETS payment through your Bailor’s ATM card and bank account and subject to his daily maximum withdrawal limit
- Pledging your Bailor’s personal properties for a Bail amount of up to $15,000
- Fixed Deposit or Time Deposit from your Bailor’s bank account (given the funds are not already being used as a form of security for another purpose)
Bail monies and properties pledged as security must belong to the Bailor and not the suspect being investigated by the Police or person being charged in Court.
Police Investigation
Top 10 facts you must know if you’re involved in a Police investigation
If you’re a suspected being investigated for a criminal offence, you must know the following facts about your legal rights during the investigation process:
- You’ll be interviewed by a Police officer who’ll record a statement in English from you.
- You can speak in English or any language or dialect you’re comfortable with.
- You can request for an interpreter or translator to be arranged if you don’t understand the interviewer.
- You are allowed to and must read to make sure it’s completely accurate before you sign it.
- You are also allowed to and must check and amend the statement if you need.
- You are not allowed to keep a copy of the statement.
- You are not allowed to consult your lawyer about your criminal case before the interview and your lawyer is not allowed to accompany you during the interview.
- You must tell the truth during the interview, otherwise, you may be charged for giving false information or lying to the investigators.
- If you’re accused of committing a criminal offence, you must give your full explanation early, otherwise, the Court can view this as less believable if you only mention it much later.
- But you must remember, regardless of what you’re told by the interviewer, you are allowed to remain silent and not admit that you’ve carried out the offence. This is your legal right.
When do the Police conduct investigations?
The Police conduct investigations get information and evidence to help them decided if there’s enough evidence or reason to take action against you for a criminal offence and officially charge you in Court.
Are all investigations only conducted by the Police?
No, potential criminal offences can be conducted by the Police or many other enforcement agencies such as the Central Narcotics Bureau (CNB), Commercial Affairs Department (CAD), Corrupt Practices Investigation Bureau (CPIB), Immigration & Checkpoints Authority (ICA), Government Ministries (e.g. Ministry of Manpower (MOM)) an some Statutory Boards (e.g. Land Transport Authority (LTA), Inland Revenue Authority of Singapore (IRAS), Central Provident Fund Board (CPF) and Energy Market Authority (EMA).
Is it true the Police can detain you for 48 hours after arrest?
Yes, the Police can detain you in their custody for up to 48 hours after your arrest. After 48 hours, the Police must release you. Sometimes, they may ask you to provide Bail (i.e. promise to report back to the Police station to help with investigations or to attend Court to face official criminal Charges).
The Police can extend your detention for more than 48 hours if they get the Court’s permission by giving reasons for the extension.
What will the Police do during investigations?
When you’re being investigated for a criminal offence, the Investigating Officer (IO) will usually carry out the following:
- The IO will interview you and ask you questions about what you know the events relating to the offence being investigated.
- The IO will record a written statement from you (i.e. Long Statement, Witness Statement or Investigation Statement) containing what you’ve said during the interview.
- The IO will carry out physical searches on places or things (e.g. to look for property, documents, physical objects and other material) which can be used evidence.
- The IO can seize physical items and objects (e.g. computers, phones etc) which can be used as exhibits in the case.
Police Interview
What type of statements will you be asked to give?
There are two main types of statements that you’ll be asked to give during investigations: a Witness Statement or Investigation Statement (i.e. Long Statement) and a Cautioned Statement.
If you’re being interviewed because you’re a witness to a criminal offence, you’ll be asked questions about your personal knowledge of how the offence occurred.
If you’re being interviewed because you’re a suspect accused of carrying out the criminal offence, you’ll be asked to give your explanation to regarding the allegations made against you.
What does your Witness Statement contain?
Your Witness Statement or Investigation Statement will contain your description of the facts regarding the offence being investigated:
- The statement will contain what you’ve said during the interview.
- You must tell the truth in your statement, otherwise you can charged for lying or giving false information to the investigators.
- You must read and amend your statement before signing it to make sure it is an accurate account of what you said during your interview.
- You are allowed to choose not to say anything that will would expose you to a criminal charge i.e. you have a legal right not to admit that you’ve carried out the alleged offence.
- If you’re accused of carrying out a criminal offence, you must give your full explanation early because the Court can view this as being less believable if you only mention it much later.
If the Witness Statement was recorded from you voluntarily, its contents can be used against you in Court.
You’re considered as having given the statement voluntarily if you signed the statement on your free will without any inducement, threat or promise from the interviewer.
What does your Cautioned Statement contain?
When you’re being officially charged for a criminal offence, you’ll be given a copy of the Charge stating the type of offence and key details of the offence e.g. date, time, location, offending criminal act or conduct in question, the value of the property involved and identity of the victim.
When you’re given the Charge, you’ll receive it together with a Cautioned Statement stating a reminder and warning for you to give your defence or explanation in response to the Charge:
You must also check that your Criminal lawyer explains the following:
- The Police must explain the Charge (i.e. details of the criminal act and prescribed punishment) in the language that you understand and by an interpreter if you need.
- You must mention the facts which you plan to use in your defence at the trial and write this in the Cautioned Statement.
- The Court may doubt your defence if you don’t mention it in the Cautioned Statement and only mention it later at a trial.
- You must read and amend the Cautioned Statement before signing it and make sure it contains an accurate account of your explanation of the Charge.
Do you have a right to remain silent when you’re being officially Charged for an offence?
Yes, you have the right to remain silent when you’re being charged and asked to sign the Cautioned Statement.
However, you must remember to state the facts which you plan to use in your defence at the trial and write this in the Cautioned Statement, otherwise the Court may doubt your defence if you don’t mention it in the Cautioned Statement and only mention it later at a trial because the Court thinks that your defence was only recently created and isn’t true.
Can you get a copy of your Statements recorded by the Police?
You’re only allowed to get a copy of your Cautioned Statement and not your Witness Statement or Investigation Statement. You’re also not allowed to get the Witness Statement or Investigation Statement made by other witnesses in the investigations.
You can also ask for a copy of the First Information Report (FIR) – this is the first report received by the Police about an offence e.g. Police Report lodged by a complainant, transcript of the Police “999” Telephone Hotline telephone call made by the complainant.