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LawSoc introduces pamphlet to educate public on legal rights

SINGAPORE — A person brought in for questioning by the police or law enforcement agencies has the right to amend or delete any part of his statement before signing it.

The pamphlet, which is available in four languages, also provides information on applying for legal aid.

The pamphlet, which is available in four languages, also provides information on applying for legal aid.

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SINGAPORE — A person brought in for questioning by the police or law enforcement agencies has the right to amend or delete any part of his statement before signing it.

He can also request food, drinks and toilet breaks during the process and, if arrested, he can ask to make a call or request visits by his family members or lawyer.

This is some of the information detailed in the Law Society’s two-page Pamphlet of Rights, which is being distributed to all community clubs and police stations, though not neighbourhood police posts, as investigations are usually not carried out there.

Available in English, Malay, Chinese and Tamil, the pamphlet is aimed at helping the public better understand their rights and what to expect during an investigation.

It also provides information on applying for legal aid.

The pamphlet, which has been in the works since 2013, is a collaborative effort by the Law Society’s Criminal Practice Committee, which comprises various stakeholders in Singapore’s criminal justice system, including the Attorney-General’s Chambers and the Ministry of Home Affairs, along with support from the Ministry of Law.

“This pamphlet is important and necessary because information about legal rights during investigations, when criminal defence lawyers have not been appointed, may not be easy for members of the public to find or understand,” the Law Society said.

Criminal lawyers whom TODAY spoke to said the pamphlet helps to clear up some uncertainties about basic criminal justice procedures and safeguard people’s rights by increasing awareness.

For example, many are not aware that it is legal to detain a person for up to 48 hours from the time of arrest, said Mr Josephus Tan of Fortis Law Corporation. “Some people, when brought in on suspicion, ask how come the police can detain them for 12 hours or more.”

The pamphlet explains that a person must be brought to court or released after 48 hours, and if a prosecutor wants to detain him further, he must first give the court reasons for doing so.

The police can also refuse requests by an arrested or detained person to speak to a lawyer or family members if they think doing so will interfere with investigations. “You should ask for each request to be recorded,” the pamphlet advised.

Mr Sunil Sudheesan of RHTLaw Taylor Wessing, who is also the acting president of the Association of Criminal Lawyers of Singapore, said that as more people become aware of their rights, the integrity of criminal justice procedures will be strengthened.

“In the event that a certain procedure is not followed, if the suspect knows his rights, he can insist on them,” he said.

Withers KhattarWong partner Shashi Nathan added: “The (authorities) will know, they have to follow the rules they have agreed to. This will ensure general fair play for everybody.”

Mr Tan said the pamphlet signalled a shift towards recognising the rights of the individual in Singapore’s criminal justice system. Previously, the focus was crime control, which is based on deterrence to protect the public. “But this pamphlet, and also the Government’s announcement on funding the Criminal Legal Aid Scheme, is an indication that the due process model is emerging,” he said.

Last year, the Government announced that it would enhance the Criminal Legal Aid Scheme with more funding and a tiered structure providing a range of help, from general advice for all accused to full representation. The enhanced funding may also be used for honoraria or disbursement for lawyers, who do not receive payment for their work for the scheme.

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