Hi allm
Questions:
1. Person arrested after 48 hours, is then detained at Remand Prison ( that what I read up) right?.
2. They are not consider to be "IN PRISON' until the judge passes sentence right & hence the brown colour uniform ( I read about the brown colour) right.
3. The conviction will be lesser if full restitution is made, in this case, stole $1,200 paid $1,200, right?
4. Read on the law society something...that, first time offender & small amount, the judgement can amount to a discharge & the offender deported, if a foreigner barred from working here.
2. Yup sentence has not been passed. Will not be deemed guilty until sentence has been passed. Remand is a holding period so that the person dun run road and will go to court. Bail is the alternative (privileged) way of assuring court appearance.
3. There is no legal requirement that a judge factor in restitution into a judgment and a sentence. There is however a convention to do so. I don't know if any judge ever goes against that convention. The legal requirements are simple. The money was stolen. Therefore a law was infringed. After the arrest was made, the justice machine goes to work on that charge and secures a judgment and if guilty a sentence. The restitution is then considered as a mitigating factor. By 100% right, the judge need not consider it. AFAIK they do.
4. Again, that's the convention esp. in Singapore. There is however nothing to stop the judge throwing the maximum sentence at a convict if he/she feels the urge to do so. Of course, if blatantly unfair can appeal. Then becomes another story.
Allow me to read between the lines so that I can better answer your doubts. You're concerned that your friends gets judged guilty, sentenced to deportation and has criminal record and can never return to Singapore rite?
Ok. I am not a practicing lawyer in Singapore, but 1stly, if you want not go to guilty judgment, you kinda too late. Since you paid the $1,200, could you have asked the landlord to withdraw the complaint? Now all evidence in front of the court, they have to convict because, money was taken, complaint was filed. They probably give a slap on the wrist, because the sum was small and you paid full, but still too late for the judgment itself because the judge is compelled by the rule of law to find guilty if all the requirements are met. i.e. money taken, sum taken etc etc. Unless you get some kinda superstar lawyer who can somehow black turn white.
Sorry to give bad news, but if it's that important, find a well known professional. If you're worried about the sentence, I wouldn't it's going to be next to nothing, but if you're worried about the record go find the lawyer.