What to do when you’re facing a police investigation

When you know what to expect when you're under investigation by the police, the process becomes a little less daunting and more manageable.

Thanks to the dominance of American media, you likely know about the Miranda rights or Miranda warning—otherwise known as the right to remain silent. You have probably also seen countless scenes of grim criminal lawyers whispering in the ear of clients as they are being interrogated by federal agents in suits. The truth is that police investigation officers in Singapore are not obligated to inform suspects of their statutory privilege against self-incrimination. Neither are suspects granted the right to a lawyer during police interviews. Before we delve deeper into these topics, let’s get acquainted with a bird’s eye view of the police investigation process.

The document that kickstarts a police investigation is known as the first information report. This may be received by a police officer in writing or in-person at the police station. Once the police have the complete report, they will then determine their course of action.

There is no fixed timeline when it comes to a police investigation. Generally speaking, complex cases involving multiple suspects and novel issues will require more time to process. After all, conducting police interviews as well as the securing and reviewing of evidence takes time.

Section 22 of the Criminal Procedure Code empowers the police to interview any individual who may have knowledge pertaining to the case under investigation. This allows the police to obtain witness statements.

Sometimes referred to as an investigation or long statement, a witness statement can be recorded during any phase of the investigation. You will be asked to give your account of events leading up to the alleged offence; an officer will be tasked to transcribe it. Once you are satisfied with the written statement, you will be asked to sign it. Although you are not allowed to keep a copy of the statement, you can write your own notes. It is vital to furnish your criminal defence lawyer with the same information that you have given to the police.

As per Section 23 (1) of the Criminal Procedure Code, a written notice called a cautioned statement must be given to a suspect if they may be charged with an offence. The cautioned statement is given after arrest but before any court appearances. The statement will spell out the alleged criminal act or conduct, including the legal framework that governs it. For example, if you have been charged with a traffic offence, it will likely fall under the Road Traffic Act 1961. Meanwhile, a criminal intimidation offence would fall under the Penal Code 1871.

Once you have been charged with a crime, it may still be possible to persuade the police to either issue a stern or conditional warning, or to proceed with reduced charges. What options are available depends heavily on the facts and circumstances of your case. For example, a criminal lawyer may make a written representation for a cheating charge to downgraded from Section 420 of the Penal Code to Section 417, as the latter carries reduced punishment terms.

The next stage of criminal law proceedings involves going to Criminal Mentions Court. This is where you will be formally charged. You will also have to decide if you would like to plead guilty or claim trial at this juncture. A criminal law specialist can advise if you should plead guilty or claim trial based on the evidence the prosecution has against you. Ultimately, clients have the final say on the decision.

At this stage, it is still possible for lawyers to write to the AGC to amend the Statement of Facts according to the available evidence. This is important as it will affect the charges and sentencing against the accused.

If the client should choose to plead guilty, their legal counsel will draft a mitigation plea. A mitigation plea will include the circumstances leading up to the offence and any legal precedents that support the accused's case for a lower sentence or fine.