What happens when the police call you in to give a statement?

Why the police want to speak to you

The Criminal Procedure Code lets the police question anyone who appears to know facts about a case they are investigating. You may be asked in as a witness or as a suspect, and the request may come by phone or in person.

Once you are formally required to attend, you are expected to go at a reasonable time and place and to answer questions truthfully. A friendly or informal chat is still recorded, and what you say can be used later.

What you must answer and what you can decline

Singapore law protects you from having to give answers that would expose you to a criminal charge or penalty. This is often called the privilege against self-incrimination. It is narrower than the right to silence people see on foreign television.

You must still give your identity details. If you refuse to answer a question that would not actually incriminate you, or you keep quiet about a fact and only raise it at trial, the court may draw an adverse inference against you. In other words, it may treat your silence as weakening your defence.

The cautioned statement

If you are charged, or told that you may be charged, the police will record a cautioned statement. Before it is taken, they warn you that what you say may be used in evidence, and that leaving out something you later rely on in court may harm your defence.

For this reason, firms commonly advise setting out your account and any defence at this stage. A point raised for the first time at trial can look like an afterthought.

Reading back and signing

Your statement is written down, read back to you and signed. Go through it line by line, point out anything that is not what you said, and make sure corrections are made before you sign.

• If you are not comfortable in the language being used, say so and ask for an interpreter or for the interview to be done in a language you understand.
• You can ask for breaks, food and water, and you should not sign while exhausted or unwell.
• Once signed, a statement carries real weight in court and is much harder to challenge later.

If you are arrested

If you are arrested, the police generally have 48 hours to charge you, release you, or bring you before a Magistrate, who can allow further detention. You can usually ask for a family member to be told.

You have a constitutional right to consult a lawyer, but the courts have held that this applies within a reasonable time. Access is often not given immediately, so the police can carry on their investigation first.

Getting advice early

Firms consistently recommend speaking to a criminal lawyer before an interview if you can, even briefly. A lawyer can help you understand which questions you must answer and how to approach the cautioned statement. This guide is general information, not advice on your situation.