Investigations can start immediately after a police report is filed about you or if the police suspect you of being involved in an offence.
Not always. The police might need a warrant to arrest you.
However, two common scenarios where the police do not need a warrant to arrest you:
In other situations, a warrant of arrest from the court is typically required before the police are allowed to make an arrest. You can request to see the warrant and be informed of what it says.
A warrant of arrest is like a permission slip from the court that allows the police or another enforcement agency to arrest you.
You will be told that you are being arrested. The police might also use handcuffs to restrain you if they think you might try to run away.
However, if you are young (below 16 years old) or old and weak, the police usually won't use handcuffs unless they think you might harm yourself or someone else.
When the police arrest you, you can ask for their official identification and why you're being arrested.
The police have to tell you why you are being arrested as soon as possible, but there is no specific deadline for this.
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If you're arrested, you can ask to call your family or a lawyer and/or see them.
However, the police can say no if they think it will interfere with their investigations.
When the police arrest you, they can search you, your things, and any place that they think might have evidence. E.g., search your house, workplace, vehicle, computer and handphone.
Women must only be searched by other women, unless you are suspected of being a terrorist.
The police can take your things as evidence and give you a list of the items they took. Check that the list is correct and that all items on it are yours.
After the case, the court will decide what to do with the items: returned to you, destroyed, or returned to their rightful owner.
Generally, only the following individuals can be accompanied under the Appropriate Adult Scheme:
AAYS is run by the Children's Society and AAPMD is run by MINDS.
When you're at the police station, you can ask for food, drinks, and breaks to use the toilet. If you feel sick, you can tell the police and ask to see a doctor.
If the police do not allow you to meet with your lawyer or contact your family, you can tell the judge when you are brought to court to be charged.
If you believe you have been mistreated during the investigation, or if any officer makes promises about the charges or sentence, report it to another officer and inform the court and your lawyer as soon as possible. Ask to see a doctor if you need.
If you disagree with any statements you were made to sign during the investigation, tell another officer, the court, and/or your lawyer as soon as possible.
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When the police arrest you, they will generally bring you to a station for questioning and you might be kept in a lock-up. You must follow their instructions and give them the things that you have with you.
The police will likely ask you to give a statement about what happened.
A statement is when the police ask you questions, and these questions and your answers are recorded down, either in words (e.g., written or typed out), or as a video recording.
You must tell the truth. If the police find out that you lied, you may be charged for giving false information.
However, you do not have to say anything that could lead to you being charged with a crime.
If you have a defence or any explanation to make, tell the police and make sure it is recorded in your statement. If you wait until later to say it, the judge may not believe you.
You must read and check your statement carefully before signing it. Make sure it is correct and complete. If there are mistakes, or the statement does not accurately record what you intended to say, you should insist that it must be changed even if the investigation officer says that the changes are not important. You can also make changes to the statement by yourself, before you sign it.
If you do not understand what is written in your statement, you can ask the recorder or interpreter to explain it to you.
You can ask for permission to talk to your lawyer before giving a statement, but the police can say no if they think that it will interfere with the investigation.
If you don't understand English, your statement must be read over and interpreted for you in a language that you understand.
If you need an interpreter, you should tell the police as soon as possible.
The police will ask you to give a different statement called a “cautioned statement” or “section 23 statement”. The police will read you the charge which you will face.
You will be informed that if you wish to say any information in your defence, you should state it now and have it recorded in your cautioned statement. Otherwise, if it is raised for the first time later, the judge may not believe it.
For example, if you did not commit the crime or you were elsewhere when the crime took place, you should immediately say so.
Whatever you wish to say will be written down, read back to you in a language you understand, and signed by you.
You can make changes to your statement before you sign it. If there are any mistakes, or the statement does not accurately record what you intended to say, you should insist that corrections be made even if the investigation officer assures you that such corrections are not important. The investigation officer should ensure that the interpreter remains present during the signing, if you need an interpreter.
If you do not understand what is written in your statement, you can ask the recorder or the interpreter to explain it to you.
A copy of the charge and cautioned statement should be given to you. Ask for a copy if the investigation officer does not give you a copy immediately
Yes, if the statements were given voluntarily and relevant to your case.
A statement which is made freely, without any inducement, threat or promise to you by the investigation officer.
Within 48 hours from your arrest, the police must either bring you to court to charge you or release you. You may be released on bail (with conditions such as the surrender of your passport), or released without any conditions.
If you are to be charged in court, your fingerprints may be taken and you may be photographed at the Criminal Records Office of the Criminal Investigation Department (‘“CID’”). This means that there will be a record of your fingerprints and negatives at the CID.
You or your lawyer can write to the police for a copy of your cautioned statement and First Information Report. A First Information Report is the first report received by the police about an offence. It may be a Police Report or the transcript of a ‘999’ call. You have to pay an admin fee for these documents. However, the police will not give you a copy of other statements you may have made (like your long statement), or statements of other witnesses. If you believe that you need these statements so that you can prepare your defence in court, you should consult your lawyer and consider what requests, or applications, can be made to the Prosecution or to court for such statements to be disclosed.
If the police do not wish to detain you further, they may let you go on a personal promise (bond) or put you on police bail, either with conditions (such as the surrender of your passport) or without conditions, to make sure you go back to the station or attend court when told to do so. You will need to provide a bailor.
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