When it comes to criminal law in Singapore, many people form their understanding based on what they see on TV or hear through word of mouth.
Shows like Crimewatch or foreign legal dramas can create the impression that every case involves dramatic arrests, fast-paced trials, or immediate confessions, which can lead to misunderstandings about how the legal process actually operates in Singapore.
In reality, Singapore’s legal process is far more structured, methodical, and grounded in due process.
In this blog post, we will debunk some of the most common misconceptions and clarify how criminal proceedings actually unfold in Singapore.
Common Misconceptions
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If I’m arrested, I can just call a lawyer and they will come immediately and sit with me during my police interviews.
While you have the right to consult a lawyer, the police in Singapore may not always allow immediate access, especially if it could interfere with their investigations. Unlike what is often shown in American legal dramas, you do not have the right to have a lawyer present during police interviews or while giving your statement.
The right to legal counsel usually applies within a reasonable time after arrest, but not immediately or during the actual interview process. You can request to speak with a lawyer, but when this access is granted depends on the police’s discretion and the needs of the investigation, particularly during the early stages.
However, there is an important exception for minors. When a person under the age of 18 is being interviewed by the police, the Appropriate Adult Scheme for Young Suspects (AAYS) in Singapore provides trained volunteers to support young individuals during police or law enforcement interviews.
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The victim has forgiven me after I paid compensation and has decided not to press charges, so the case should be over.
In Singapore, criminal cases are not private disputes between the victim and the accused. Criminal offences are prosecuted by the State, not by the victim. Once a police report is lodged, the decision to initiate or continue criminal proceedings rests solely with the Public Prosecutor. Even if the victim forgives the accused or accepts compensation, this does not automatically end the case. The Public Prosecutor has full discretion to determine whether to proceed with the case.
While a settlement, restitution compensation or the victim’s forgiveness may be taken into consideration during sentencing or in deciding whether to proceed with prosecution, it does not guarantee that the matter will be dropped.
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The police officer did not show me a warrant before entering my home to search and arrest me, and so the charges are illegal.
In Singapore, the police generally require a search warrant to enter and search a private residence. However, there are exceptions where the police may lawfully enter without a warrant, such as when they have reasonable grounds to believe that a delay would result in the loss or destruction of evidence, or if they are in hot pursuit of a suspect.
Similarly, the police may arrest a person without a warrant if they have reasonable suspicion that the person has committed, is committing, or is about to commit an offence. In such cases, the absence of a warrant does not necessarily make the search or arrest illegal.
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I should be read my rights by the police officer before they take my statement.
In Singapore, police officers are not legally required to read out any formal ‘rights’, such as the right to remain silent or the right to legal counsel, before taking a statement. This differs from the “Miranda rights” procedure familiar in some other jurisdictions like the United States.
However, the law mandates that any statement made to the police must be given voluntarily and without any form of coercion, threat, or inducement. If a statement is obtained through unfair or improper means, it may be challenged and excluded as evidence in court.
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If I am charged, my case will definitely go to court for a full trial.
Not all criminal cases in Singapore proceed to a full trial. In fact, many cases are resolved without one. If the accused chooses to plead guilty, the court will proceed directly to sentencing without a trial. In other situations, the Prosecution may issue a stern or conditional warning, or the case may be dealt with through diversionary programmes, particularly for less serious offences or first-time offenders.
Trials are necessary only when the accused pleads not guilty and chooses to contest the charges. Even then, parties may sometimes reach a resolution before the trial concludes. The criminal justice process in Singapore is designed to be efficient, and a full trial is not required in every case.
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If I get a fine, it does not leave a criminal record.
In Singapore, receiving a court-imposed fine usually means you have been convicted of a criminal offence, and that conviction will form part of your criminal record. It does not matter that you did not go to prison, the conviction still stands.
However, this is different from receiving a composition fine (for example, for minor regulatory offences or traffic violations), which does not result in a criminal record because no conviction is recorded in court. If you are unsure about the consequences of a fine, it is always best to seek legal advice before deciding how to proceed with your case.
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I can post about my case on social media to defend myself.
Posting about your ongoing criminal case on social media is strongly discouraged and can have serious consequences. You may unintentionally reveal information that harms your defence, violate gag orders, or breach rules that prohibit public discussion of ongoing legal proceedings, or be seen as trying to influence witnesses or the court.
Such actions can even lead to further legal trouble, including contempt of court. If you are facing charges, it is much safer to keep the matter private and speak only through your lawyer. Let your case be handled in court and not on social media.
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I don’t need a lawyer as it is not a serious crime.
Even if the offence appears to be minor, it can still carry serious consequences such as fines, disqualification from driver, imprisonment and may leave you with a criminal record. A lawyer can help you understand your options, protect your rights, and guide you through the process.
Criminal law in Singapore is fair but firm. Knowing your rights and understanding how the system works can help you avoid panic, misinformation, or costly mistakes. While TV shows raise awareness, they should not be your only source of legal knowledge. If you are being investigated or have been charged with an offence, it is essential to seek legal advice as soon as possible.
The decisions you make in the early stages of your case can have a significant impact on the outcome.
At Gloria James-Civetta & Co, our team of experienced criminal lawyers is dedicated to guiding clients through the complexities of Singapore’s legal system. We understand that facing criminal charges can be overwhelming, especially when surrounded by misconceptions about how the process works.
Whether or not you have committed an offence, you still have rights, and our role is to protect them. We can provide clear legal advice and work to achieve the best possible outcome for your case.
