Q1.On what grounds can I be arrested?
If the police have reasonable grounds to suspect a person has committed a crime, they have the authority to arrest without a warrant. In other cases, they may arrest based on a warrant issued by the Court
Q2.What should I do if I am arrested by the police?
Stay calm, request to contact a lawyer, and do not answer any questions until your lawyer arrives. If you are arrested by the police, it may mean that you are a person of interest. You might be eager to share your perspective, but we would highly advise that you speak with your lawyer first
Q3.What are my rights if I am arrested?
You have the right to be informed of the reason of your arrest, the right to remain silent, the right to legal representation, and the right to consult a lawyer
Q4.The police are requesting to access my premise. What should I do?
Police can enter and search any premise provided that they have a Court warrant. You should always ask to see the warrant beforehand. The police may detain if they suspect that a person has articles/documents in their possession or control
If there is reasonable suspicion that a person to be arrested is inside the premise or it concerns National Security, the police can enter the premise without a warrant
Q5.Am I allowed to remain silent during a police interview?
Yes, you certainly can and you may also request to obtain legal advice before deciding or not whether to answer questions or be legally represented during the interview. If you reasonably suspect that you may have been mistreated during the interview, you should immediately seek assistance from a lawyer
Q6.What are the consequences if I provide false information during an investigation?
Providing false information to the police or any relevant authority is an offence and you can be imprisoned up to 6 months
Q1.I have been arrested by the police. Will they release me after I am charged?
Bail is usually granted after you are charged unless the offence is serious or they have reasonable grounds to detain you. You can be remanded up to 48 hours or extended for 72 hours if a warrant for arrest and detention in respect of deportation is applied for
In some cases, the police will grant bail where they are conducting investigations but have not charged the person
Q2.What is Court Bail?
Court bail is when the court may impose one or more bail condition(s) on the Defendant if they are required to attend Court again after the first appearance.
The conditions are often more stringent and includes surrendering your travel documents, residing at a designated address, curfews, not to contact a witness etc.
Q3.Can the Court refuse bail?
Yes, the Court can refuse bail especially where the offence is serious. If the Court refuses bail, you have the right to have your bail application reviewed every 8 days. Alternatively, you may make a bail application before a Judge of the High Court.
Whether a bail application is made in Magistrate Court, District Court of High Court, it is always recommended to engage legal representation so that they can assess andh help you obtain the best bail terms
Q4.What will happen if I do not adhere to the bail terms?
If you fail to show up as required by the police or the Court, you will be considered as
"absconded"
What this means is that you will be placed on the “wanted list” and this will also be treated as a separate offence
If you have a history of absconding, it will be very difficult to apply for bail in the future.
Q1.I heard that if you plead guilty, you could be entitled to a sentence reduction. Is this true?
Yes, this is correct. If you plead guilty at the earliest available opportunity, a one-third discount to the overall sentence will be given. However, this discount will reduce if you plead guilty at a later stage, such as when trial has commenced
It is advisable to consult lawyer if you are unsure whether to plead guilty or not as they can help you assess and advise you
Q2.What is a Plea Bargain?
Depending on the circumstances of the offence and where appropriate, the Prosecution may agree for the Defendant to plead guilty to fewer or lesser charges. This also saves time and costs
A plea bargain may not be suitable for more serious offences. Contact us for further details on whether you would be eligible for a plea bargain
Q3.Is it possible to not be convicted or punished after I am charged?
It is possible and this is called a “Bind Over”.
The concept of a “Bind Over” is to have a person promise to the Court that they will not commit any offence and have good behaviour for a period not exceeding three years
If this promise is breached, you will be ordered to pay a sum into Court
Q4.我的案件適合申請簽保守行爲嗎?
簽保守行爲適合初犯和輕微罪行。如果您沒有案底並面臨輕微指控,則可能符合資格。
Q5.When would a Bind Over be available?
Bind overs are usually granted for first-time offenders and/or in minor offences
If you are unsure whether you would be eligible for a bind over, we can assess your circumstances and advise you on your chances of a bind over
Q6.What would happen if I plead not guilty?
The case will proceed for Trial. After the Prosecution and the Defence has presented its case, the Court will hand down a verdict
Q1.If I am not satisfied with the Court’s ruling, what can I do?
If you are dissatisfied with the conviction or the sentence, you may lodge an appeal
There must be reasonable grounds for the appeal and it must be made within the time limits. If you are considering to lodge an appeal, we can help assess your case and provide legal advice on your case
Q2.What will happen if the Court grants my appeal application?
If the Court grants your appeal application, they may either, overturn the decision of the lower Court or impose a heavier sentence.
Q1.Do I need to disclose my criminal records?
If your conviction is not “spent”, you will be required to disclose it
For certain job positions such as police officers, accountants, solicitors, financial services, judicial positions, or high-ranking government roles, you are required to give full disclosure of all previous convictions, including spent ones
Failure to disclose your conviction may result in separate offences being committed, such as providing false information
If you have a criminal record and you are unsure whether you need to disclose it, please contact our team for legal advice
Q2.What is a spent conviction?
A spent conviction is when a conviction can be ignored after three years from the date of the conviction has passed and there are no other convictions during the said perid.