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What Rights Do I Have When I’m Arrested?

11 April 2023

BY Dylan Ong

Getting arrested by the police is a frightening event that will leave you vulnerable and at a loss. If you’re not careful, you may even say things that can lead to your incrimination or be remanded for an extended period of time. Whether you’re innocent or guilty of an offence, it is important for you to know your rights and be able to uphold them when you’re alone in police custody. In this article, we’ll share with you some of your basic rights and how a criminal lawyer in Singapore can help you.

What Happens Upon Arrest?

Upon arrest, you will be held in police custody until you are released, either on bail or due to insufficient evidence. The police will usually hold you in a police station, a jail cell within the station, or a detention centre while investigations are ongoing. Juveniles may be held in a remand home (e.g. Singapore Boys’ Home), or be held in a jail cell if he cannot be safely remanded in a remand home. Mentally-ill persons will be referred to a medical officer immediately, or be detained at a psychiatric institution. You may be held in custody for up to 48 hours. Afterwhich, the police must produce a magistrate and make an application to the court in order to detain you further.

Police investigations will take place while you’re held in custody. You must surrender all personal belongings, which may be retained for investigation until the case is concluded. Investigations that may be conducted include

An interview to determine the facts and circumstances of the case
Bringing you to the crime scene to recover evidence or re-enact the incident
A polygraph examination, also known as a lie detector test
An identification parade where victims or eyewitnesses are asked to identify the suspect

Your Rights While in Custody

All persons held in custody have rights to protect themselves against the law. Whether you’re guilty or innocent, it is important for you to be aware of your rights because the police are not obliged to inform you of them. Some of your rights include a right to a lawyer and the right to call and speak to a family member.

Every detainee has the right to consult a lawyer of your choice. However, such a right may be rejected if the police find that a criminal defence lawyer may interfere with police investigations. Also, your right to a criminal lawyer will only be allowed after a reasonable time and not immediately upon arrest.

However, if your arrest has been made known to a family member, he or she can assist you in engaging a criminal defence lawyer to seek legal advice while you’re held in custody. The lawyer, however, will not be allowed to be with you during investigations. But, you may still attempt to communicate with them through your family should you still be held in custody.

During investigations, do note that you have the right to remain silent and refuse to say anything that may lead to your incrimination. Without sufficient evidence to establish that you have committed an offence, the police will have to release you from custody within 48 hours.

However, if the police do find sufficient evidence to reveal that you have or may have committed an offence, they may either remand you for more than 48 hours and charge you in court or release you on bail pending further investigations. In the event that the police do request to remand you further, you may object to the request and ask for an explanation. However, the final say lies with the Singapore court.

Our rights protect us even if we’re guilty of an offence, and knowing your rights can help you to turn the situation around even while you’re vulnerable and held in custody. Engaging a criminal defence lawyer is also important because they can help to protect your rights while representing you and fighting your case. Quahe Woo & Palmer is a family and criminal law firm in Singapore led by an experienced team of lawyers. If you or someone you know is detained for a suspected offence, contact us immediately for legal assistance.