- A warning is an alternative to prosecution, not a court verdict.
- It is not a conviction and does not create a criminal record under the Registration of Criminals Act.
- A conditional warning usually requires you to stay crime-free for 12 or 24 months.
- Breaking the conditions can lead to prosecution for the original offence as well as any new one.
- The police keep records of warnings, and an earlier warning can count against you later.
An alternative to being charged
At the end of an investigation, the authorities may charge the person, take no further action, or give a warning instead of prosecuting. Warnings are not set out in any statute, and there are no published guidelines on which cases qualify. Firms observe that they tend to be used for less serious offences and first-time offenders.
Stern warnings and conditional warnings
A stern warning has no conditions attached. Once it is given, the matter is closed unless something new comes up.
A conditional warning comes with conditions, most commonly staying crime-free for a set period. Firms describe this period as usually 12 or 24 months.
If you have already been charged
A warning can also be given after a charge has been filed in court. With a conditional warning, the Prosecution usually applies for a discharge not amounting to an acquittal. If you meet the conditions, this becomes a discharge amounting to an acquittal, which closes the matter. With a stern warning, the charge is withdrawn and you receive a discharge amounting to an acquittal.
Your record
A warning, whether stern or conditional, is not a criminal conviction. Only a court can convict. It is also not recorded as a criminal record under the Registration of Criminals Act.
The police do keep records of warnings, and firms note that it is unclear how long these are kept or how they are shared between agencies.
Reoffending and refusing a warning
If you break the conditions of a conditional warning, for example by committing a fresh offence within the period, the original matter can be prosecuted together with the new one.
An earlier warning can also count against you if you are investigated for a similar offence later, because the authorities may be less willing to give you another chance.
You can decline a warning, but the Prosecution may then charge you in court instead. Because the consequences of a warning are not always obvious, it is worth taking legal advice before deciding. This guide is general information only.
This article is general information on Singapore law and is not legal advice. Rules and agency policies change, and every situation is different. For advice on your own circumstances, speak with one of our lawyers.
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