Topic 15: Pre-Trial Process Flashcards
What powers do the police have?
Powers of arrest to apprehend offenders
Powers to enact roadblocks
Powers of investigation
a. Power to find out more facts
b. Power to interview witnesses/suspects
c. Search and seizure
More powers in other statutes (eg, Misuse of Drugs Act)
What is a non-arrestable offence?
An offence where generally, police may not arrest the suspect without any warrant.
The case will be investigated by a police officer.
If given an order by Public Prosecutor or a Magistrate, the police may exercise special powers of investigation.
Ryan punches LTC Tan. LTC Tan suffers from a bruised eye. What kind of offence has Ryan committed?
Non-ARRESTABLE offence.
Richmond goes into Ryan’s house and keeps a bottle of vodka home so that they could drink it at his house next time. Richmond later sells the vodka to make some money. What kind of offence has Richmond committed?
Non-ARRESTABLE offence.
Iman has committed an act of simple mischief on Ma’am Jasmine’s tea bags. What kind of offence has Iman committed?
Non-ARRESTABLE offence.
What is an arrestable offence?
Police will immediately go and investigate the case and arrest the offender.
The police may exercise all special powers of investigation.
Unless police have reasonable grounds to believe it is not serious.
How long can arrested persons be kept in custody for?
48 hours
What is the prosecution process?
AG decides whether the accused should be prosecuted.
DPPs are the first line, they look at the case to determine if they should be prosecuted.
If they should, DPPs will put up a recommendation to one of 3 Chief Prosecutors. Most controversial files will be referred to the SG, then the AG.
The Defence Counsel may negotiate with the prosecutors in the pre-trial process. True or false?
True. This allows the prosecutors to show their case and attempt to persuade prosecutors to do a lower charge.
What principle is adversarial justice based on?
The principle that adversarial parties are able to put forth their best cases, and are given the freedom to do so through witnesses and evidence. If both parties are given this opportunity, the truth will “emerge”.
In Singapore, there is no room for emotional appeal because the judge wants to make an objective decision on the facts. True or false?
True.
Why is evidence regarded as the ‘lifeblood’ of the trial?
Because one’s case can only be as strong as what can be proven. Accused who is guilty may not be convicted simply because there was insufficient evidence against him/her.
