What happens if you are charged with a crime?

Upon arrest in Singapore, the law mandates that you must be brought before a court within 48 hours, where a judge will decide whether you should continue to be held in custody or be released on bail pending further proceedings.

Once investigations are concluded and the prosecution is ready to move forward, you may then be formally charged. This then marks the beginning of the criminal court process.

The Criminal Court process

1. Attend Criminal Mentions Court

• Here you will be formally charged.
• You will need to indicate to the Court whether you wish to plead guilty to the charges or claim trial.
• In appropriate circumstances, you may also request that the Court adjourn the matter to a later date where you would then indicate to the Court how you wish to plead. For example, you may wish to seek legal advice first, you require a medical report to decide or you may be in the process of making representations to the prosecution asking them to proceed with a lesser charge against you, to drop the charges against you or even to amend the statement of facts.

2. Pleading Guilty

• If you choose to plead guilty, you admitting fully to the charges brought against you as well as the statement of facts put forth by the prosecution.
• The Court would then convict you of the charges brought against you.
• Depending on the circumstances, you may be sentenced in the same hearing. For example, where you do not intend to submit a mitigation plea to the Court.
• Alternatively, you may have to attend another hearing called a “plead guilty mention” where a sentence will be passed against you.

Note that you cannot appeal against conviction if you pleaded guilty.

 OR

3. Claiming trial

• If you dispute the charges against you or the statement of facts, you may instead choose to claim trial. A trial would typically consist of the following:
• Pre-trial conference where the Court will hear and decide on matters to move the case to trial. For example, the due date for parties to submit relevant documents.
• Criminal case disclosure conference parties are expected to disclose information about the case to each other.
• The criminal trial itself where you would then take the stand to give evidence.

4. Appeal

• If you were convicted after trial and you are dissatisfied, you may file an appeal.

5. Sentencing

• The Court will convict you of the charges brought against you if you plead guilty or if the Court decides that you are guilty after trial.
• The Court will then move on to sentencing.
• During your sentencing hearing, you can make your mitigation plea. This plea contains submissions on what punishment you should receive.

6. Appeal

• After the Court has passed a sentence on you, and you are dissatisfied, you may file an appeal.

This publication is not intended to be, nor should it be taken as, legal advice. It is not a substitute for specific legal advice for specific circumstances. You should not take, nor refrain from taking any action(s) based on this publication. We shall not be responsible for, nor do we accept any responsibility for, any loss or damage that may arise from any reliance on this publication.