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Questions On Singapore Laws - Arrest, Remand, State Courts

halsey02

Alfrescian (Inf)
Asset
#1
Hi allm
I have a few questions I would like to ask, from the learned people here, for this is the first time in my life I have been involved with a person, who was arrested by the police.

I have a FOREIGNER FRIEND, who stole $1,200 in cash from his landlord & was reported by the landlord & arrested by the police. I received a call when the person was at the police station, told to bring $1,200 pay for the amount stolen, a 2 minutes call to see a certain Investigation Officer ( IO) at a police station.

The foreign person was arrested on x day March 2019. I went to the police station saw the IO & help make restitution of the $1,200, the money was recorded & a receipt was issued. I asked, can the IO & the accuser withdraw the charge, when restitution is made & will the judge lessen the sentence. The IO, says, you make restitution, doesn't mean, you can't be charge. At this point the IO & the landlord after receiving the full restitution, still can drop the charge right?

Is it, after 48 hours, the person was transferred to prison I was told & wait for trail. So, I search the state court hearing list & found the hearing on y day March 2019, seven days from x day March 2019.

I ask police station if I could visit the person in prison, was told they don't know, call the prisons. I called was told, must make email application etc..

On y day March I sat in the open court, saw my foreign friend being led out in handcuffs & in brown uniform, at the time stipulated xx hr, was give some documents & them led back in, After half an hour, was led out, police in court mumble something I could not hear, gave my friend a piece of paper & judge says adjourn, time... on xy day march 2019, same court number.

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.
5. Read somewhere about being detain for 14 days before, conviction is passed, I counted from x day to xy day...it is 14 days, right?

My foreign friend, could make only another 2 minutes call to me, on y day...was not inform that, the $1,200 was already paid.

Ok!

On xy day
1. The judge will ask if there is any mitigating factors, will the full amount be paid, is the restitution...influence the sentencing, like discharge the charge..?

What will the normal sentencing in cases like this, first time offender & very small amount & full restitution is made?

I ask questions around,,,nobody seems to be familiar with the law system here. I have to do a lot of reading up, through all the legal jargon & still can't get a definite answers.

Next...the person will be deported by? MOM, or ICA & can, the foreigner come back for a social visit or banned forever from entering Singapore. Read up thatm after 5 years, if convicted, the records will be automatically removed.

Will ICA allow the foreigner come back here to visit after 5 years.

Thank you...
 

halsey02

Alfrescian (Inf)
Asset
#2
I forgot to add, my friend told me, on the short conversation, something like, lawyer says..better pay the full amount stolen. Then second call, I told friend that full amount paid to IO...person said " Is it?". & says full amount paid, still in jail something like that... the person is actually under remand right? not in the police station, somewhere in Changi...but not actually in JAIL right?

Are foreigners be give, fair legal recourse like an assigned lawyer & will the lawyer make a fair representation in mitigation & this offence is allowed bail right?
 

Narong Wongwan

Alfrescian (Inf)
Asset
#5
When can’t you bail him out?

At the station you you can bail him out already.
Even if go to court then it’s court bail.
If he’s remanded in Changi then go to bail him there.
Want to visit just go to prison in person no need what email that’s all bullshit. But as he’s a foreigner you need to prove your relationship with him. ie employer etc. Bring a lawyer even better.

But since he’s already remanded then better not bail as the time remanded will count into his prison sentence. A case like this won’t be sentenced long he probably can walk out free after sentenced.
 

Narong Wongwan

Alfrescian (Inf)
Asset
#6
He’ll be deported after that.
So you need to grab his stuff and settle for him his outstanding issues like bank account etc.
He’ll be sent back to prison to serve remaining sentence if any then transferred to ICA. Where they’ll send him to airport. He need to pay for his own air ticket. You can pay for him. If Malaysian they’ll send him to jb customs.
If no money for ticket he’ll be locked up in ICA for around another 2 weeks where he’ll work in the lock up for his own air ticket. No joke.
He’ll be banned from working here and a period of time before he can return as tourist. 3-5 years.
If you act as guarantor and appeal to ICA maybe he’ll be able to return sooner than that.
 

halsey02

Alfrescian (Inf)
Asset
#7
When can’t you bail him out?

At the station you you can bail him out already.
Even if go to court then it’s court bail.
If he’s remanded in Changi then go to bail him there.
Want to visit just go to prison in person no need what email that’s all bullshit. But as he’s a foreigner you need to prove your relationship with him. ie employer etc. Bring a lawyer even better.

But since he’s already remanded then better not bail as the time remanded will count into his prison sentence. A case like this won’t be sentenced long he probably can walk out free after sentenced.
Thanks for the reply...I do not know anything about being arrested, gets charged etc. Did not know, even if this is a bailable offence, was told on the phone, very brief call, says his legal representative ( they are given on, right?) say better, pay the full amount stolen. So, I call up the IO name & number given over phone, made full restitution & asked will the charged be dropped, was told go to court, & ask, will the judge consider the full restitution made & reduce the sentencing or drop the charge, said...they have no influence over the decision.

After 48 hours, was transferred to prison, heard no more from the person, no picture, no sound, so I search the state court hearing list & found the case to be on a certain day & time. Went there to sit in, since it was an open court; saw the accused being led out at the appointed time, saw my friend dressed in brown uniform, court clerk read some documents to the person & then was led in again...about half an hour later, the prosecution mumbled something I could not hear & then, judge says, adjourned to next hearing date & time, in the same court.

Am I right to say after reading & shifting through all the information found in State Courts, Law Society , internet etc..

1. The person is not actually in PRISON, but on remand, right? ( the brown attire) and still have not been charged for any crime right?
2. The restitution made as in this case, the entire amount, will help in the judge decision.
3. First time offender & small amount, the chances of a discharge will be good?
4. Is this a practice here, that, they make sure, one spend 14 days in remand as a punishment & this time spent in remand, is counted as a jail term right?
5. Can I call up the prison cluster number, go visit my friend in remand?

Thanks
 

bobby

Alfrescian
Loyal
#8
Singapore laws are basically there to protect Singaporeans.

Any foreigners committing a crime in a foreign land cannot expect and demand the same legal entitlement.
 

Narong Wongwan

Alfrescian (Inf)
Asset
#9
He’s in remand prison now. That’s Changi prison. In block B2. Since he’s a foreigner likely he’ll be in HU1 or HU3. Same same as prison but as a remndee he got slightly only slightly better treatment but it’s 90% same as prison inmate.

You can go straight to prison to visit him. Don’t let tell give you the bullshit of what appointment. They’ll try to turn you away lazy buggers but if you’re firm they’ll allow it and after that you after you’ve been registered you can visit him twice a week. In person known as face to face or via Videocam known as televisit.
You can also pay for some prison biscuits and buy the magazines at the visit center there for him. Remand is very boring so those things are very welcome by inmates.
There’s no legal representation and request for one will take forever. As a foreigner he can request for embassy assistance but depending on the country some embassy dun give a shit about their citizens.
I guess you’re his only help now from the outside.
 

Narong Wongwan

Alfrescian (Inf)
Asset
#10
Asking for legal aid will take forever and he’ll be in jail even longer.
Just tell him to plead guilty and hope for the best. If not just hire a lawyer for him but for mitigation purpose only.
Restitution will help as mitigation factor but not much.
Do not drag on as maybe end up sentenced time will be shorter than the time he already spent inside prison.
 

halsey02

Alfrescian (Inf)
Asset
#11
He’s in remand prison now. That’s Changi prison. In block B2. Since he’s a foreigner likely he’ll be in HU1 or HU3. Same same as prison but as a remndee he got slightly only slightly better treatment but it’s 90% same as prison inmate.

You can go straight to prison to visit him. Don’t let tell give you the bullshit of what appointment. They’ll try to turn you away lazy buggers but if you’re firm they’ll allow it and after that you after you’ve been registered you can visit him twice a week. In person known as face to face or via Videocam known as televisit.
You can also pay for some prison biscuits and buy the magazines at the visit center there for him. Remand is very boring so those things are very welcome by inmates.
There’s no legal representation and request for one will take forever. As a foreigner he can request for embassy assistance but depending on the country some embassy dun give a shit about their citizens.
I guess you’re his only help now from the outside.
How do I get there? which prison?
 

sweetiepie

Alfrescian
Loyal
#12
Thanks for the reply...I do not know anything about being arrested, gets charged etc. Did not know, even if this is a bailable offence, was told on the phone, very brief call, says his legal representative ( they are given on, right?) say better, pay the full amount stolen. So, I call up the IO name & number given over phone, made full restitution & asked will the charged be dropped, was told go to court, & ask, will the judge consider the full restitution made & reduce the sentencing or drop the charge, said...they have no influence over the decision.

After 48 hours, was transferred to prison, heard no more from the person, no picture, no sound, so I search the state court hearing list & found the case to be on a certain day & time. Went there to sit in, since it was an open court; saw the accused being led out at the appointed time, saw my friend dressed in brown uniform, court clerk read some documents to the person & then was led in again...about half an hour later, the prosecution mumbled something I could not hear & then, judge says, adjourned to next hearing date & time, in the same court.

Am I right to say after reading & shifting through all the information found in State Courts, Law Society , internet etc..

1. The person is not actually in PRISON, but on remand, right? ( the brown attire) and still have not been charged for any crime right?
2. The restitution made as in this case, the entire amount, will help in the judge decision.
3. First time offender & small amount, the chances of a discharge will be good?
4. Is this a practice here, that, they make sure, one spend 14 days in remand as a punishment & this time spent in remand, is counted as a jail term right?
5. Camin I call up the prison cluster number, go visit my friend in remand?

Thanks
KNN why can't you bail him out and stay at home until court hearing KNN it was just a petty crime KNN he would be in cantonment waiting for you instead of changi remand prison KNN
 

Narong Wongwan

Alfrescian (Inf)
Asset
#13
Likely during the first court appearance the judge already set bail.
But as said not worth bailing him out now as remanded time will be forfeited/wasted.
Just plead guilty next court date ( better with lawyer representation) and get a judgement.
Serve out any balance time and fuck off.
 

Narong Wongwan

Alfrescian (Inf)
Asset
#14
How do I get there? which prison?
Changi prison.
Go to the visit center. Likely he’ll be in B2. If not B3 that’s the only places they can put remandees.
But you dun need to tell the prison officers. Just go there with his name and passport number etc will be enough. Next time round you get his remand number R xxxx/19 now should be in the low 4 digits. And registered yourself and you can visit him Mondays to Saturdays twice a week.
 

halsey02

Alfrescian (Inf)
Asset
#16
Changi prison.
Go to the visit center. Likely he’ll be in B2. If not B3 that’s the only places they can put remandees.
But you dun need to tell the prison officers. Just go there with his name and passport number etc will be enough. Next time round you get his remand number R xxxx/19 now should be in the low 4 digits. And registered yourself and you can visit him Mondays to Saturdays twice a week.
982 Changi North Road...B2 B3 houses all remandees of all sexes, just curious?
 

sweetiepie

Alfrescian
Loyal
#18
When Do You Get a Criminal Record?
A person will be recorded on the register of criminals if he is:
  1. Convicted of a registrable crime in Singapore;
  2. Convicted of offences committed within and also registrable under the law of Malaysia;
  3. Ordered to be banished, expelled or deported from Singapore or Malaysia; or
  4. Convicted, or ordered to be banished, expelled or deported from any place outside of Singapore and Malaysia, and such particulars are provided by the relevant officers or authorities of such place.
What is a registrable crime?
Registrable crimes are crimes which are listed in the First and Second Schedules of the RCA.
This includes not just Penal Code offences, but also crimes found in other pieces of legislation such as the Misuse of Drugs Act and Prevention of Corruption Act.
Certain minor offences are not subject to registration under the RCA. This means that even if you were caught for those offences, you will not leave a criminal record. Such non-registrable offences include almost all traffic offences under the Road Traffic Act, with the exception of more serious ones like causing death by reckless or dangerous driving.
What is Recorded in the Register?
What particulars are recorded in the Register? Of course, the person’s name, crime which he was convicted of and the sentence would be recorded.
If you have watched police drama serials or movies, you would probably also have correctly guessed that the fingerprints and photograph of the person convicted would be recorded.
Body samples, such as samples of blood, hair and swabs taken from a person’s mouth, may be taken in addition to the above0mentioned fingerprints and photographs. Information of the body samples taken are kept by the Registrar in a DNA database.
Can a Criminal Record be Removed?
Once a record is entered in the Register of Criminals, it will never be fully removed or erased until the person dies or reaches 100 years old. Instead, certain criminal records for minor crimes may become spent on the expiration of a crime-free period of 5 consecutive years.
However, certain persons are disqualified from having their criminal records becoming spent. This includes the following situations:
  1. The conviction was for an offence listed in the Third Schedule of the RCA, which contains generally serious offences, such as rape, kidnapping, gang robbery etc;
  2. The sentence for that conviction included imprisonment longer than 3 months or a fine of more than $2,000;
  3. The person has records of more than one conviction on the register;
  4. The person already has a previous spent record on the register.
Persons who are disqualified from having their criminal records becoming spent may apply to the Commissioner of Police to have their record spent. The Commissioner will decide based on the circumstances of each case.
What Does It Mean for a Criminal Record to be Spent?
Once a person’s criminal record is spent, he is deemed to not have such a record. This means that in most situations, he can lawfully say that he has no criminal record.
The most common situation when you will be asked about your criminal record will be when you apply for a new job. Often, you will have to declare if you have a criminal record, or whether you have ever been convicted in a court of law. A person with a spent record can legally declare that he has no criminal record. However, he must still answer “yes” if he is asked whether he has ever been convicted in a court of law.
Do note that when a person’s criminal record is considered spent, it does not mean that it is removed or erased from the Register. Particulars of the person’s conviction, as well as the person’s fingerprints, photographs, DNA information and any other particulars which were recorded, remains on the Register.
How Can a Person with a Criminal Record Get His Record Spent?
A criminal record will be spent automatically upon fulfilment of the 5-year crime-free period and other conditions as stated above. No action or application needs to be taken by the person to have his record spent.
How Do You Check If You Have a Criminal Record?
If you wish to check the spent status of your criminal record, you may do so by logging in with your SingPass on the Singapore Police Force’s E-Services Portal. You will be able to check if your criminal record is eligible to be spent.
 

halsey02

Alfrescian (Inf)
Asset
#19
Likely during the first court appearance the judge already set bail.
But as said not worth bailing him out now as remanded time will be forfeited/wasted.
Just plead guilty next court date ( better with lawyer representation) and get a judgement.
Serve out any balance time and fuck off.
I read up on the law society website ...it mention something like, the amount stolen is small & is a first offender, the chances of a discharge is high right? after all, the person has already served 14 days of remand right up to the next hearing date & the full restitution made counts right? After that..is just deportation.
 
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