SINGAPORE — A person brought in for questioning by the police or law enforcement agencies has the right to amend or delete any part of their statement before signing it. They can also request for food, drink and toilet breaks during the process, and if arrested, they can ask to make a call or request for visits by their family members or lawyer. 

These are some of the information detailed in the Law Society’s two-page Pamphlet of Rights, which is being distributed to all community clubs and police stations except neighbourhood police posts, as investigations are usually not carried out at police posts.  

Available in English, Malay, Chinese and Tamil, the pamphlet is aimed at helping the public better understand their rights and what to expect during an investigation. It also provides information on applying for legal aid. 

The pamphlet, which has been in the works since 2013, is a collaborative effort by the Law Society’s Criminal Practice Committee, which comprises various stakeholders in Singapore’s criminal justice system, including the Attorney-General’s Chambers and the Ministry of Home Affairs, along with support from the Ministry of Law. 

“This pamphlet is important and necessary because information about legal rights during investigations, when criminal defence lawyers have not been appointed, may not be easy for members of the public to find or understand,” the Law Society said. 

Criminal lawyers TODAY spoke to said that the pamphlet helps to clear up some uncertainties about basic criminal justice procedures, and safeguard people’s rights by increasing awareness.  

For example, not many are aware that it is legal to detain a person for up to 48 hours from the time of arrest, said Mr Josephus Tan of Fortis Law Corporation. “Some people, when brought in on suspicion, ask how come the police can detain them for 12 hours or more.” 

The pamphlet explains that a person must be brought to court or released after 48 hours, and if the prosecutor wants to detain a person further, he must give the court reasons for doing so. 

The police can also refuse an arrested or detained person’s requests to speak to a lawyer or family if they think it will interfere with investigations. “You should ask for each request to be recorded,” advised the pamphlet. 

Mr Sunil Sudheesan, of RHTLaw Taylor Wessing, who is also acting president of the Association of Criminal Lawyers of Singapore, said as more people become aware of their rights, it will “strengthen the integrity” of criminal justice procedures. 

“In the event that a certain procedure is not followed, if the suspect knows his rights, he can insist on them,” he said. 

Withers KhattarWong partner Shashi Nathan added: “The (authorities) will know, they have to follow the rules they have agreed to. This will ensure general fair play for everybody.”

Mr Tan also said the pamphlet signals a shift towards recognising the rights of the individual in Singapore’s criminal justice system. Previously, the focus was on crime control, which is based on deterrence to protect the public. “But this pamphlet, and also the Government’s announcement on funding the criminal legal aid scheme, this is an indication that the due process model is emerging,” he said. 

Last year, the Government announced that it will enhance the Criminal Legal Aid Scheme with more funding and a tiered structure providing a range of help from general advice for all accused to full representation. 

The enhanced funding may also be used for honoraria or disbursement for lawyers, who currently do not receive payment for their work for the scheme.