Police clarifies seizable and non-seizable offences

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http://forums.hardwarezone.com.sg/showthread.php?t=1585948

Quote:
ST Forum
April 14, 2007
Why that advice to lodge magistrate's complaint

MS KONG Lai Meng's letter ('Punched and hit but police won't be taking action'; ST, April 4) led to Mr Dennis Tan's response ('When is an offence seizable?'; ST, April 6) and an article, 'Punched? Cops may not nab the culprit' (The Sunday Times, April 8).

Police would like to reiterate that when a call about an assault is received, our officers would proceed to the scene to gather evidence or speak to any witnesses present.

Police would advise any injured person to seek medical treatment from a licensed medical practitioner. If the alleged perpetrator was still at the scene, police would ascertain his identity.

If police assess that the offence disclosed is a seizable offence, such as voluntarily causing grievous hurt or where a weapon was used, the suspect would be arrested under Section 325 or 324 of the Penal Code.

On the other hand, Section 323 cases can range from a parent disciplining his child by slapping him to family disputes between adults, leading to a fight. Most family-related cases are resolved amicably without police intervention and the parties often do not necessarily want to seek redress through the legal system.

When an offence under Section 323 is disclosed and police assess that the case is of significant public concern, the investigating officer would apply for an order to investigate on behalf of the victim, especially the young, infirm, elderly or disabled.

The current process of advising members of the public to lodge a magistrate's complaint for non-seizable cases allows the magistrate to decide on the veracity of the complaint. This discourages indiscriminate use of process for mischievous or malicious complaints, which would otherwise result in harassment of the defendant, wasting public time and resources.

Regarding Ms Kong's case, police officers arrived at the scene 20 minutes after her first call. Ms Kong and the 68-year-old man were interviewed to establish the initial facts. She was then conveyed to hospital where she was given outpatient treatment.

Police will submit the final investigation report to the magistrate after receiving Ms Kong's medical report. The magistrate will inform her of the outcome.

Audrey Ang (Ms)
Assistant Director
(Media Relations)
Singapore Police Force

Copyright © 2007 Singapore Press Holdings. All rights reserved. Privacy Statement & Condition of Access

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[tags] : seizable

[CreatorHK]

rubbish lah our police. Once 2 drunkard walk into my hotel ask for beer, my staff ask them to go other place cos we don't sell beer. That 2 idiot refuse and threaten my staff. My staff call police, then the police come and tell my staff, even he punch u in front of me i also can't arrest him. I not around, but after that i call the useless hotline to complain. I told them if the police can't do anything, next time i will call ppl to whack anyone that cause trouble and throw them in front of police post. Then police can proceed to call ambulance for them.

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like that also can?!?

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as with the recent ruling on immediate suspension with serious traffic offence.. this comes to mind.

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A 26-year-old auxiliary policeman bumped into a youth on the way to the supermarket. For this, he was beaten up by 7 youngsters. STOMPer Toomuch feels severe punishment is needed to make an example of them.

This is the latest in a series of violent attacks involving gangs of youths that have occurred all over Singapore, in places as diverse as Bukit Panjang and Ang Mo Kio.

A group of youths was also found with a pair of concealed choppers at a Pasir Ris chalet, while two teenagers have been placed in a Reformative Training Centre for knifing fellow students.

Although these incidents are believed to be unrelated, they were all caused by trivial events such as staring and arguments.

STOMPer Toomuch wrote:

"These violent incidents involving youths are seriously getting out of hand.

"Time and again we hear of incidents where members of the public are getting targeted by youngsters spoiling for a fight.

"This time, an innocent auxiliary policeman just passing by was attacked, because he was walking in the opposite direction of a group of youngsters. He tried to squeeze past them, and was beaten bloody for it.

"These youths have no respect for the law and are just out to pick fights with people in public.

"We need to arrest these people and really make an example of those caught by caning or jailing them. That's the only way they will learn that the law is not to be messed around with."

STOMPer Gao Luck also commented:

"Yet again I heard of another case of a gang fight at Teck Whye over the radio.

"Come on, when will all these attacks stop?"

via : http://singsupplies.com/showthread.php?t=80762

now, seizable or not?

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Arrestable or not? Seizable and non-seizable offences in Singapore

By wk | Monday, August 1st, 2011

In recent years, multiple instances have surfaced whereby punches have been thrown and police have been called in, but no arrests were made. In this cases, police officers present at the scenes restricted themselves to recording the identities of the parties involved, as well as questioning witnesses. This has perplexed many Singaporeans. When will an arrest be made?

Police Procedure in Singapore

The police would ascertain the situation and determine if the fracas involved a crime categorised as an arrestable offence by the Criminal Procedure Code. For a non-arrestable offence, police cannot make any arrests without a warrant. If it is not definitively an arrestable offence, the police would ensure that any victims receive medical treatment. They would then gather witness reports and record the identity of parties involved.

What to do with a non-arrestable offence?

Police would advice parties involved in non-arrestable offences to make a police report, also known as a Magistrate’s complaint. The Magistrate will then decide if the crime is worth prosecuting.

What are arrestable offences?

For a full list of arrestable offences, refer to the Criminal Procedure Code. The following are some arrestable offences that may lead to an arrest:

1.Unlawful assemblies or rioting
2.Impersonating a public servant
3.Obstructing a public servant in his duties, or threatening a public servant
4.Affray (Fighting in public places)
5.Fouling the water of a public spring or reservoir
6.Driving rashly or negligently
7.Obscene acts in public
8.Rape
9.Theft and robbery
10.Criminal trespass
11.Assault or use of criminal force to a person with intent to outrage modesty (molest)
12.Acts or attempts that cause or can cause death, including suicide, murder, or other rash acts
13.Voluntarily causing grievous hurt
14.Voluntarily causing hurt with a dangerous weapon
It is worth noting that voluntarily causing hurt is a non-arrestable offence. An arrest cannot be made without a warrant. Therefore, you must first make a police report, before the Magistrate decides whether to issue a warrant for the accused’s arrest. Defamation is also non-arrestable.

In addition, arrests will also be made if the suspect:

1.possesses housebreaking tools without a good excuse;
2.possesses stolen property
3.obstructs police affairs
4.is an army deserter
5.may be about to commit an offence
6.commits a non-arrestable offence in view of police, and offers a fake identity or place of residence
7.offers a fake identity or place of residence

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A taxi dispute results in a man getting punched twice.

A Singaporean man claimed that a man punched him twice at Neil Road after taking a taxi he had booked.

Liew, 40, who declined to give his full name, told The New Paperthat his female friend had helped him book a taxi just after 1am on Saturday morning after a night out at a pub.

The taxi drove past him when it arrived and before he caught up with it, two men in their “mid to late thirties” boarded. He then opened the rear passenger door and told them to alight as he had booked the taxi.

The two men, who spoke in a British accent, disagreed with the senior banking executive and they argued while the taxi driver kept quiet.

Liew said that one of the men threatened to beat him up, but Liewdid not think he would really do it as they were in a public place. However, the man proved him wrong and swung his fist at him, connecting with Liew’s left cheek, knocking off his spectacles, the Singaporean alleged.

By then the taxi had left and the two men walked off after a passer-by spoke to them. Liew called the police and followed the men down Neil Road, towards the junction of Cantonment Road, opposite thePinnacle@Duxton residences while a female colleague nearby stayed on the phone with him.

After around 100m, the same man who punched Liew earlier turned around and again hit him on the jaw, chipping his tooth.

He then called the police a second time to give an update on his location, while the female colleague confronted Liew’s attacker near the Police Cantonment Complex.

The commotion drew the attention of the police officers, who escorted all of them into the police station, where their statements and particulars were taken down.

Liew went to the Singapore General Hospital to receive treatment for his bruised jaw and chipped tooth, while the two men were allowed to leave.

The 40-year-old filed a Magistrate’s Complaint on Monday at the Subordinate Courts, and is appealing for witnesses to come forward to help him in his case.

A police spokesman confirmed that the report was lodged, and that Liew was given legal advice.

via : http://forums.hardwarezone.com.sg/showthread.php?t=3489344