What are arrestable and non-arrestable offences?

In the past few years, many incidents occur in which police were called, but no one got arrested. In such cases, the police officers present at the scene merely restricted themselves to recording the identities of the parties involved, as well as, question the witnesses. If you ever fall into the situation of a criminal law where there is not your fault, it is recommended to take help from the criminal lawyer in Singapore. Just like the divorce lawyer in Singapore, a criminal lawyer will also help you to get out of any complex situation and will give you the best legal advice related to your case.

Is the alleged offense committed arrestable or non-arrestable?

After arriving on the scene, the police configure the situation and determine whether it is an arrestable offense that has been committed. When the police reasonably suspect that an arrestable offense has been committed, then the police have the right to arrest the suspect without a warrant. And in case of the non-arrestable case, the police will need a warrant before they can make the arrest.

 

What will happen if the case involves a non-arrestable offense?

It is the responsibility of the police to gather all the information and record the identities of the parties involved in the case. The police would also ensure that any injured persons receive medical treatment. Then police will advise all the victims involved in a non-arrestable offense to file a magistrate’s complaint at the community justice tribunals division (CJTD) of the state courts. After receiving the magistrate’s complaint, the magistrate will decide if the case is worth to be carried forward, whether through state prosecution, mediation, or private prosecution. The magistrate may issue a warrant for the alleged offender’s arrest.

 

Which type of offenses is arrestable?

For offenses found in the other legislation

If the offense is found in other legislation, you will have to check that legislation to see if the offense is arrestable or not. If the legislation does not say anything on this issue, the default rule under the Thirds Column of the first schedule of the CPC is that:

• Offenses punishable with death, or 3 or more years of imprisonment are arrestable
• Offenses that are punishable with less than 3 years of imprisonment or with a fine are non-arrestable.

 

Just like in divorce cases, it is important to hire a divorce lawyer in Singapore, and the same is the case in criminal law. If you think that that you are forcefully involved in the criminal case where there is not your fault, then it is recommended to take help from an experienced criminal lawyer who will give you the best and legal advice.

Here are the examples of arrestable offenses which comes under the Penal Code:

• Rape
• Robbery
• Rash driving
• Rioting
• Impersonation of a public servant
• Acts that cause death such as suicide, murder, or rash acts
• Voluntarily causing hurt with a dangerous weapon
• Commission of obscene acts in public
• Fighting in public places
• Threatening a public servant

 

Besides, arrests can also be made if a person:

• Obstructs police affairs
• Is an army deserter
• Possesses stolen property
• Offers a fake identity or place of residence
• May be about to commit an offense

 

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