Arrestable and Non-Arrestable Offences in Singapore

An alleged assault involving a drag performer at Marina Bay Sands in March 2024 caused a stir when it came to light that the incident was treated by the police as a case of voluntarily causing hurt, a non-arrestable offence.

Although the victim had suffered some injuries, she shared in social media posts that the police had advised her to “pursue the matter”.

This incident perplexed many Singaporeans. Why was this particular case of alleged voluntarily causing hurt considered to be non-arrestable, even though the victim had sustained some injuries? When, exactly, is an offence ‘arrestable’?

Is the Alleged Offence Committed Arrestable or Non-Arrestable?

On arriving at the scene of the alleged offence, the police officers would typically assess the situation first and then determine whether an arrestable offence has been committed.

If an arrestable offence has been committed, or the police reasonably suspects that an arrestable offence has been committed, the police is empowered to arrest the alleged offender(s) without a warrant. The police will follow the arrest procedure while doing so.

On the other hand, if the alleged offence is non-arrestable, this does not mean that the police cannot arrest the alleged offender. Instead, the police will need a warrant before they can make the arrest. It is also up to the victim to decide whether they would like to pursue the case against the alleged offender and take further action.

What Happens if the Case Involves a Non-Arrestable Offence?

The police would gather witness reports and record the identities of all the parties involved. The police would also ensure that any injured persons at the scene are attended to and receive prompt medical treatment if needed.

Next, the police would advise possible victims of non-arrestable offences to file a Magistrate’s Complaint at the Community Justice Tribunals Division (CJTD) of the State Courts.

The Magistrate will then decide if the case is worth pursuing, whether through State Prosecution, mediation or private prosecution. In the process, the Magistrate may issue a warrant for the alleged offender’s arrest.

Which Offences are Arrestable?

Generally speaking, a serious offence is arrestable whereas more minor offences are not. However, what is considered a ‘serious’ or a ‘minor’ offence is subjective and is determined by Parliament when laws are passed. For crimes such as murder, it is undoubtedly obvious that this is a serious offence where the offender should be arrested (i.e., an arrestable offence).

In Singapore’s case, guidance on which offences are arrestable can be found in the relevant legislation, as discussed below.

For offences found in the Penal Code

If an offence is found in the Penal Code, you can check whether it is arrestable by referring to the Third Column of the First Schedule of the Criminal Procedure Code (CPC).

Offences labelled as “may arrest without warrant” are arrestable, while offences labelled as “shall not arrest without warrant” are non-arrestable.

For offences found in other legislation

If the offence is found in other legislation, you will have to check that legislation to see if the offence is arrestable.

If the legislation does not say anything on this issue, the default rule under the Third Column of the First Schedule of the CPC is that:

• Offences punishable with death, or 3 or more years of imprisonment, are arrestable
• Offences punishable with less than 3 years of imprisonment, or with a fine, are non-arrestable

The following are examples of arrestable offences under the Penal Code:

1. Unlawful assemblies or rioting
2. Impersonation of 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. Commission of 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 rash acts
13. Voluntarily causing grievous hurt
14. Voluntarily causing hurt with a dangerous weapon

It is worth noting that unlike the offences of voluntarily causing grievous hurt or voluntarily causing hurt with a dangerous weapon mentioned above, voluntarily causing hurt offence is a non-arrestable offence. Persons alleged to have voluntarily caused hurt to others cannot be arrested if the police do not have a warrant for their arrest.

Victims should therefore file a Magistrate’s Complaint to have the court look into the matter and decide whether to issue an arrest warrant.

Do note that victims are also strongly advised to file a police report before that. The court often asks for a police report when the Magistrate’s Complaint is being filed.

In addition, arrests can also be made if a person:

1. Possesses housebreaking tools without a good excuse for doing so
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 refuses to give his name and home address
7. Offers a fake identity or place of residence