Expats Charged With Offences in Singapore: What to Expect
If you are an expatriate working in Singapore, you are probably familiar with Singapore’s status as one of the safest countries in the world. One of the main reasons for this is Singapore’s strict penalties for crimes that may be seen as less serious elsewhere in the world, such as caning for graffiti and the death penalty for drug-related offences.
The question then is what happens if you are charged with (or even convicted of) an offence in Singapore? Read on to find out more about:
- How the criminal justice process may affect your daily life
- Effects of a conviction on your employment in Singapore
- Whether expatriates are sentenced more harshly compared to locals
- Whether you will be allowed to stay in Singapore
- Whether you will have a criminal record
How the Criminal Justice Process May Affect Your Daily Life
If you are being investigated for an offence, you will have to attend mandatory interviews at the police station during investigations, for which you may need to take urgent leave.
If the police arrest you, you may be detained for up to 48 hours. The police may also bring you before the court to ask to detain you for an even longer period for further investigations (this is known as being held in “remand”).
When you are being detained, you may not be allowed to contact a lawyer or a family member immediately. This may also put your job at risk because of your sudden disappearance.
For more details on police custody, including your rights while in custody, see our article on police custody in Singapore.
If you are to be held on remand, you may be allowed to be released on bail depending on factors such as the nature of the offence that the police suspect you of having committed, and whether the court believes that you will be available for investigations or to attend court.
For non-bailable offences, where the police and the court have discretion as to whether to grant bail, your status as a foreigner may be a factor against the court releasing you on bail if you are seen as a flight risk.
Even if bail is an option, you will need to find a suitable bailor. Because you are not a Singaporean, your bailor must be a Singaporean or Singapore Permanent Resident above 21 years old.
You will also have to surrender your passport before being released on bail. This essentially means that you will be unable to travel.
If you wish to leave the country, such as for work-related purposes, you will need to seek the court’s permission. If so, the court will usually impose additional bail conditions, such as requesting for your travel details and increasing your bail amount significantly.
You may read our other article for more information about bail in Singapore.
Financial effects of defending yourself at trial
The legal fees you may incur when defending yourself in criminal proceedings could put a strain on your finances.
These costs can balloon further if you undergo the longer and more arduous process of defending yourself in a trial as compared to pleading guilty to the offence. While this process is too long to be detailed in this article, you can read our articles on pleading guilty or claiming trial for a better idea of the process of undergoing criminal proceedings in court.
Furthermore, if your work pass is cancelled by the Ministry of Manpower (MOM) or by your employer for any reason (such as you being convicted of a criminal offence), you would be unable to make a living in Singapore, placing an even greater financial burden on your shoulders.
Effects of a Conviction on Your Employment in Singapore
Do you need to inform your employer that you have been charged with an offence?
Unless the terms of your employment require it, there is no requirement for you to inform your employers that you have been charged with an offence. This is because you may ultimately be found innocent.
However, you may want to obtain a testimonial letter from your employer when you ask the court for a lighter sentence in mitigation.
Nevertheless, if you are found guilty or if you wish to plead guilty at trial, you would likely need to inform your employer.
For one, your employment contract may set out misconduct and conviction in a court of law as a reason for terminating your employment or cancelling your work pass.
Effect on your employment pass
Even if you are not dismissed by your employer, your criminal conviction may make it difficult to renew your work pass when it is about to expire.
You may also be placed on a “blacklist” (i.e. a list of foreigners who are banned from obtaining employment in Singapore because of a criminal conviction), which could affect your future employment prospects in Singapore and the status of your work pass.
If your work pass expires without being renewed, you will not be allowed to stay in Singapore.
MOM may instead issue you a temporary Special Pass that legalises your further stay in Singapore without a work permit. It may be given to you to allow you to stay in Singapore to assist in the investigation and attend court.
The Special Pass may need to be renewed every week or two weeks. This would entail frequent visits to the police station and MOM to have the special pass renewed.
For example, between 1 May and 25 June 2020, MOM revoked the work passes of 140 work pass holders for breaching Singapore’s circuit breaker measures during the COVID-19 pandemic. These included the passes of 6 expatriates who were found guilty for a gathering near Robertson Quay when social gatherings were prohibited. In addition, they were permanently banned from working in Singapore.
With respect to the measures in place to combat COVID-19, MOM has made it clear that all work pass holders must abide by the law, and that MOM will take enforcement actions regardless of the work pass holder’s nationality and pass type.
In other words, if you are found guilty of flouting any laws in Singapore, it does not matter whether you are on an S Pass, Employment Pass or some other work pass. The risk of being banned from working in Singapore or being unable to renew your work pass is equally high.
Are Expatriates Sentenced More Harshly Compared to Locals?
Although there is no evidence that expatriates are treated more harshly than locals, Singapore has much harsher penalties for certain offences than other countries, such as caning and capital punishment which have been abolished elsewhere.
As a result, expatriates may find the sentences much harsher than expected.
Will You be Allowed to Stay in Singapore?
If you are convicted and are deemed by the Immigration and Checkpoint Authority (ICA) to be an undesirable immigrant because of the circumstances connected with your conviction, you and your family may be regarded as prohibited immigrants.
If your permit is cancelled, whether by ICA or by MOM, your presence in Singapore may also be deemed unlawful. Thereafter, staying in Singapore will be a crime.
If you unlawfully stay up to 90 days in Singapore, you will be liable to a fine up to $4,000 and/or imprisonment of up to 6 months. If you stay beyond 90 days, you may be punished with imprisonment of up to 6 months and caning of at least 3 strokes (or fined up to $6,000 in lieu of caning).
ICA also has the power to remove you from Singapore if you are found to be a prohibited immigrant or unlawfully remaining in Singapore.
Will You have a Criminal Record in Singapore?
If you are guilty of a registrable crime, or if you are deported, you will have a criminal record in Singapore. Registrable crimes are crimes listed in the First and Second Schedules of the Registration of Criminals Act. These generally exclude more minor crimes like traffic offences, save for more serious traffic offences such as causing death or grievous hurt by reckless or dangerous driving.
If the offence that you committed was not a serious offence, and if you have a crime-free period of 5 consecutive years from the date that you were sentenced (if you were not sentenced to imprisonment) or the date of your release from prison (if you were imprisoned), your criminal record may become “spent”.
In such a case, you can legally declare that you have no criminal record, but you must still answer “yes” if you are asked whether you have been convicted in a court of law.
You may read our other article for more details on criminal records in Singapore and how they may be spent.
How can I prove that I do not have a criminal record in Singapore, or that my criminal record has been spent?
If you are required by another organisation outside of Singapore to show that you have no criminal conviction (including a spent criminal record), you can appeal to the Singapore Police Force (SPF) to receive a Certificate of Clearance (COC).
To do so, you must meet the following requirements:
- You must have resided in Singapore for at least 6 months under a valid pass issued by ICA or MOM.
- You must be above the age of 16.
- You must have documentary proof that states that a COC is required by the foreign government authority or institution for overseas purposes such as migration, adoption, overseas employment or further education.
The SPF will decide whether to give you a COC on a case-by-case basis. To apply, you may visit the SPF website.
You may also be able to employ alternative means to obtain a declaration of no criminal conviction, such as a statutory declaration through a Commissioner for Oaths/Justices of Peace or a qualified legal practitioner.
If you are an expatriate who has gotten caught up in the Singapore criminal justice system, whether you are innocent or guilty, you should engage a criminal lawyer as soon as possible.
A criminal lawyer will be able to advise you of important matters such as your rights in custody and whether you should plead guilty. Your lawyer will also be able to defend you in court, assist you in applying for permission to travel while on bail and ask for a lighter sentence during mitigation if you are convicted of an offence.
A lawyer can also advise you on the best courses of action to mitigate any damage to your job prospects.
Feel free to get in touch with one of our criminal lawyers should you need any assistance or advice.
- Your Right to a Lawyer After Being Arrested in Singapore
- What to Do If Your Loved One is Under Police Investigation
- How to Write a Letter of Representation to AGC in Singapore
- What is Entrapment and is It Legal in Singapore?
- What Happens When You Voluntarily Surrender to the Police
- Juvenile Crime: What If Your Child is Arrested in Singapore?
- Tasers, Batons, Shields & Firearms: When Do the Police Use Them?
- Stopped by the Singapore Police For Spot Checks, Etc: What to Do
- Police Investigation Process for Crimes in Singapore (4 Steps)
- Arrest Warrant Issued Against You in Singapore: What to Do
- Police Arrest Procedure in Singapore
- Arrestable and Non-Arrestable Offences in Singapore
- What Should You Do If You Witness a Crime in Singapore?
- Can the Public Make a Citizen's Arrest in Singapore?
- What to Do If You’re Being Investigated for a Criminal Offence in Singapore
- "Right to Remain Silent" to Singapore Police: Does It Exist?
- Police Custody in Singapore: What You Should Know
- Search Warrant: The Issuance and Execution of It in Singapore
- Penalties for Lying to the Authorities in Singapore
- Can You Say No to a Lie Detector Test in Singapore? And Other FAQs
- Surrender of Passport to the Police and How to Get It Back
- Extradition: What If I Flee After Committing Crime in Singapore
- Making Objections at Trial in the Singapore Courts
- When is a Witness Testimony Unreliable in Singapore?
- Burden of Proof in Criminal and Civil Cases in Singapore
- Falsely Accused of a Crime in Singapore: Your Next Steps
- What is Acquittal & How Can One Be Acquitted in Singapore?
- Using the Defence of Diminished Responsibility in Singapore
- Death of a Party in a Legal Case in Singapore: What Happens?
- The "Unusually Convincing" Test in "He Said, She Said" Cases
- How to Adjourn or Postpone a Criminal Court Hearing
- TIC: Guide to Charges Taken Into Consideration in Singapore
- Can I Use the Defence of Intoxication in Singapore?
- When Can I Raise the Defence of Provocation in Singapore?
- Can I Represent Myself in a Criminal Court Case in Singapore and How?
- Claiming Trial as an Accused
- Pleading Guilty in Singapore: Consequences & Withdrawal of Plea
- The Defence of Unsound Mind in Singapore: What is It?
- Gag Orders in Singapore: Whose Identity Can be Protected?
- Mitigation Plea: How to Plead for Leniency in Court in Singapore
- Recidivism: What Happens If You Reoffend in Singapore?
- Guide to Filing a Criminal Appeal in Singapore
- Criminal Motion: What is It and How to File One in Singapore
- Guide to Filing a Criminal Revision in Singapore
- Presidential Clemency in Singapore
- Repatriation or Deportation from Singapore: How Does It Work?
- Criminal Records in Singapore
- Visiting a Loved One in Prison or On Death Row in Singapore
- Getting Parole (Early Prison Release) in Singapore
- Fined for an Offence: What to Do If I Can't Afford to Pay Them?
- How Long Is Life Imprisonment in Singapore? And Other FAQs
- Corrective Training and Its Consequences in Singapore
- Consequences of Receiving a Stern Warning in Singapore
- Probation: Eligibility and Whether It Leaves a Criminal Record
- How Can Adult Offenders Get Probation in Singapore?
- Reformative Training in Singapore: When Will It be Ordered?
- Are You Eligible for a Mandatory Treatment Order (MTO)?
- Caning in Singapore: Judicial, School & Parental Corporal Punishment
- 7 Detention Orders in Singapore: When Will They be Ordered?
- Day Reporting Order: Eligibility and Offender's Obligations
- Ragging and Bullying: Their Penalties and What Victims Can Do
- Laws Protecting Informers/Whistleblowers in Singapore
- Counterfeit Medicine/Health Products: Redress for Victims in Singapore
- Breach of Protection Orders: What Can Victims Do?
- Using Your Right to Self-Defence When Attacked in Singapore
- Compensation for Crime Victims in Singapore: How to Obtain
- Rape Laws in Singapore and How Offenders Can Be Punished
- Sexual Misconduct in Singapore: Offences and What Victims Can Do
- Falsely Accused of Rape in Singapore: What to Do
- Incest and Family Sexual Abuse: Penalties and Victim Protection
- How are Sexual Offenders with Special Needs Penalised?
- Cybersexual Crimes in Singapore and Their Penalties
- Legal Age for Sex in Singapore and Common Sexual Offences
- Consent in Sexual Offences in Singapore and What Victims Can Do
- Accused of Molest: Outrage of Modesty in Singapore
- What Can Victims of Sexual Harassment in Singapore Do?
- What is the Law on Sexting in Singapore?
- Revenge Porn: What If Your Nudes are Leaked in Singapore?
- Crime of Voyeurism in Singapore (Penalties and Defences)
- Date Rape: What to Do If Your Drink Has Been Unlawfully Spiked?
- STDs: Can I Go to the Police If a Partner Infected Me in Singapore?
- Alcohol Breathalyser Test in Singapore: Can You Refuse it?
- Are Sex Toys and Sex Dolls Legal in Singapore?
- Singapore's Legal Smoking Age & Common Smoking Offences
- Is Vaping Illegal in Singapore?
- Legal Drinking Age and Drinking-Related Laws in Singapore
- Is Watching, Downloading or Filming Porn Illegal in Singapore?
- Child Pornography in Singapore: Offences and Penalties
- Laws on Procuring Sex Workers & Sexual Services in Singapore
- Singapore's Drug Laws: Possession, Consumption and Trafficking
- Gambling Legally (at Home, in Public or Online) in Singapore
- The Offence of Human Trafficking in Singapore and Its Penalties
- Penalties For Buying Stolen Goods in Singapore
- Penalties for Committing Theft in Singapore
- Committing Robbery in Singapore: What are the Penalties?
- Penalties for Dishonest Misappropriation of Property in Singapore
- Vandalism Laws: Penalties for Damaging Property in Singapore
- Criminal Trespass in Singapore: What Happens If You’re Caught?
- Penalties for Littering and Killer Litter Offences in Singapore
- What is a POFMA Correction Direction and How to Appeal
- Penalties for Cheating/Scamming and What Victims Can Do
- Penalties for Impersonating Someone and Victim Redress
- Singapore Fake News Laws: Guide to POFMA (Protection from Online Falsehoods and Manipulation Act)
- Laws and Penalties for Doxxing in Singapore (With Examples)
- Tax Evasion in Singapore: Penalties and Examples
- Criminal Breach of Trust (CBT) in Singapore: What is It?
- All You Need to Know About Corruption in Singapore
- Anti-Money Laundering Laws and You
- 5 Things You Need to Know about Insider Trading
- Dishonest Assistance and Knowing Receipt: The Case of David Rasif
- Charged with a Traffic Offence in Singapore: What to Do
- DUI: Here are the Penalties for Drink-Driving in Singapore
- What Happens If You’re Caught Speeding in Singapore?
- Road Rage: What is It and How are Offenders Sentenced in Singapore
- Penalties for Dangerous Driving for Singapore Drivers
- Fatal Traffic Accidents: Are Drivers Always Punished?
- Guide to E-Scooter and PMD Laws for Singapore Riders
- Is it Legal for Drivers to Carpool in Singapore?
- Radicalisation and Terror Attack-Related Penalties in Singapore
- Causing a Public Nuisance in Singapore: What are the Penalties?
- Causing Public Alarm in Singapore: Examples & Penalties
- Public Assemblies and Processions in Singapore
- Misbehaving in Public: 5 Things You Need to Know
- Racial Enmity: Sections 298 and 298A Penal Code Explained
- Religious Cults in Singapore: Are they Illegal? Penalties & More
- Penalties for Financing Terrorist Operations in Singapore
- Penalties for Abetting Minors or Committing Crimes Against Them
- Misusing the Singapore Flag and Other National Symbols
- Here are the Penalties for Committing Forgery in Singapore
- Arson and Fire-Related Offences and Their Penalties in Singapore
- Offences Against the Dead and What Family Members Can Do
- Laws on Prohibited, Replica and Self-Defence Weapons
- Penalties for Attempting to Commit a Crime in Singapore
- Penalties for Assaulting a Person in Singapore
- Expats Charged With Offences in Singapore: What to Expect
- What are the Penalties for Hiring Phantom Workers in Singapore?
- What Are Ponzi Schemes? Are They Illegal in Singapore?
- Modification of Cars, Motorcycles, Etc: Is It Legal in Singapore?
- Penalties for Illegal Immigration and Overstaying in Singapore
- Criminal Intimidation: Penalties for Making Threats in Singapore