Defendant participation in the criminal - Myassignmenthelp.Com

Question: Discuss about the Defendant participation in the criminal. Answer: Power of Arrest The Criminal Law of Singapore is derived from the common law system, which is highly regulated through the criminalization of many activities that are considered as fairly harmless in other countries. The criminal law and legislation help in the prevention of different crimes like homicide, cheatings and thefts or other relevant crimes. All of the crimes are punishable under the Penal Code (Sso.agc.gov.sg 2018). The government of Singapore has taken the responsibilities of the criminal issues and the offender. They have investigated the matters, identified the issues and processed the whole situation. After the investigation process, the police officer or relevant authorities have been arrested the offender (Owusu-Bempah 2016). An arrest is defined a process by the criminal justice, which occurred when a person is taken into the police custody and deprived of the liberty. The police have right to arrest a person for investigating the criminal issues (Duijn, Kashirin and Sloot 2014). A police officer, other public servant officer or a citizen with or without a warrant can arrest a person. When a police officer, other public servant officer or a citizen have found that a person has been committed an offense or guilty for such relevant grounds of any criminal liability, then they can be arrested the person. The Penal Code of Singapore has been legislated such powers that a warrant is not necessary to arrest a person. There are some other relevant acts, which also set the similar laws and statues in Singapore. Those are Kidnapping Act, Arms Offences Act, Vandalism Act and Misuse of Drugs Act (Sso.agc.gov.sg 2018). The powers of Arrest In Part VI of the Criminal Procedure Code of Singapore has stated about the process of compelling appearance, arrest and bail (Sso.agc.gov.sg 2018). The police or relevant enforcement agencies like Immigration Checkpoints Authority (ICA), Commercial Affairs Department (CAD), Central Narcotics Bureau (CNB) and Corrupt Practices Investigation Bureau (CPIB) have rights to arrest a person with or without warrant for involvement with any criminal offenses. They have been provided with enough power and not required to collect or obtain any notice or warrant from the authority of the Court for arrest the offender (Owusu-Bempah 2016). A citizen has right to arrest an offender. When an offender has been arrested by a citizen, then without any delay, that offender will be handover him or her to the police station. However, in this matter, the citizen is allowed to defend his or her body or property against harm without any fear of reprisal from the law (Duijn, Kashirin and Sloot 2014). The Arrestable offense In the Third Column of the First Schedule of the Criminal Procedure Code (CPC), a list has been given of different arrestable offenses (Sso.agc.gov.sg 2018). According to the given list, if any person is found to commit the offense, then the police, other relevant authorities or a citizen can arrest that person. The arrestable offenses include: Assault or uses of Criminal force Rioting Theft Robbery Impersonation of a public servant Extortion Cheating Criminal Breach of trust Affray, Driving rashly or negligently Criminal intimidation Rape Sexual assault by penetration without consent Wrongful restraint or confinement Trafficking Dishonestly eating of the stolen property Consumption of drugs Offences under the Computer Misuse and Cybersecurity Act Offences under the Vandalism Act Therefore, according to the above list, if the police officer or relevant authority or citizen has been found that any person committing the same offense, then she or he might be arrested without a warrant. However, for the non-arrestable offense, police never arrest a person without any warrant. In such situation, the police officer will obtain an order or file a Magistrates Complaint at the State Courts Crime Registry (Sso.agc.gov.sg 2018). After the confirmation from the court, the police will get the warrant notice and arrest the person (Owusu-Bempah 2016). Police arrest procedure in Singapore The police can be arrested a person with or without a warrant notice. When a person has been suspected of the act of serious or dangerous offense then the police can arrest that person with or without a warrant (Duijn, Kashirin and Sloot 2014). Here, the appropriate authority will investigate the offense. The police have right to use reasonable forces for arrest the offender (Owusu-Bempah 2016). However, for the offenses like voluntarily causing hurt, police must investigate the matter before proceeding for arrest. The section 83 of the Criminal Procedure Code has legislated that a police or relevant authority can arrest a women offender by a woman only (Sso.agc.gov.sg 2018). Arrest without a warrant The section 64 of the Criminal Procedure Code has legislated that the police has authority to arrest a person without a warrant when the offender has found or subjected to an arrestable offense (Sso.agc.gov.sg 2018). According to the above list of arrestable offense, police or relevant authority or a citizen can arrest the offender without a warrant. The Criminal Procedure Code has legislated in section 65 that a person can be arrested without a warrant if he or she denies providing name and address as per the demand of the police or relevant authorities (Sso.agc.gov.sg 2018). However, section 68 has legislated that, only 48hours, the arrested person can be detained in the custody (Sso.agc.gov.sg 2018). Arrest with a Warrant In Section 69 of the Criminal Procedure Code, it has been legislated that a person has committed arrestable or non-arrestable offense can be arrested with a warrant by the police or relevant enforcement officer or by a citizen (Sso.agc.gov.sg 2018). After arresting that person, it is the duty of the police authority that they will produce the offender to the relevant court without any delay. According to the nature of the case, the offender can ask for bail. Arrest by the civilian The Section 66 of the Criminal Procedure Code, a person who is not police or such relevant authority and citizen of the country can arrest the offender who has committed the arrestable offense (Sso.agc.gov.sg 2018). The civilian is allowed to defend his or her own body or property against harm without any fear of reprisal from the law. Therefore, after the offender was arrested, he or she will be informed the grounds of arrest and must be produced to the court without any delay. The offender can consult with a legal practitioner. After arresting a person, the civilian will hand over him or her to the police or relevant authority. The police will transfer the offender to the police headquarters and immediately produced to the relevant court. All of the personal belongings will be transferred to the police. After the first court appearance, the offender may apply for bail (Owusu-Bempah 2016). If the relevant court authority does not grant the bail, then the court will order for investigation and the charges will be convicted to the offender according to the nature of the case (Duijn, Kashirin and Sloot 2014). Reference Duijn, P.A., Kashirin, V. and Sloot, P.M., 2014. The relative ineffectiveness of criminal network disruption. Scientific reports, 4, p.4238. Owusu-Bempah, A., 2016. Defendant participation in the criminal process. Taylor Francis. Peak, K.J. and Madensen, T.D., 2018. Introduction to criminal justice: Practice and process. Sage Publications. Ronel, N. and Segev, D., 2014. Positive criminology in practice. International Journal of Offender Therapy and Comparative Criminology, 58(11), pp.1389-1407. Schmalleger, F., Donaldson, S., Kashiwahara, K., Koppal, T., Chase, S., Brown, A., Jarriel, T. and Marash, D., 2014. Criminal justice today. Prentice Hall. Sso.agc.gov.sg. 2018. Criminal Procedure Code - Singapore Statutes Online. [online] Available at: https://sso.agc.gov.sg/Act/CPC2010?ProvIds=P1VI-#pr87- [Accessed 12 Jan. 2018]. Worrall, J.L., 2014. Criminal procedure: from first contact to appeal. Pearson Higher Ed.