Being a witness to a crime can be stressful, especially if you were in a dangerous situation. As a witness, you may even be called to file a statement with the police or testify in court.
But while the experience may be nerve-racking for you, it’s important to remember that your eyewitness account could play a key role in helping exonerate someone who is falsely accused, or be a critical piece of evidence that puts the guilty party behind bars.
Here’s what you should know about what to do once you’ve witnessed a crime in Singapore.
Who Is A Witness?
In Singapore, the role of a witness is pivotal in both understanding and deciding the outcomes of legal cases.
According to the Criminal Procedure Code (CPC) (Witnesses’ Allowances) Regulations 2010, a witness is defined as someone who attends court or a Coroner’s Inquiry to provide evidence based on their knowledge or observations.
Under section 120 of the Evidence Act, unless the court considers that your age or physical or mental disease prevents you from understanding the questions or from answering them rationally, you are competent to testify in c6ourt as a witness.
What Should I Do If I Witnessed A Crime?
Witnessing a crime can be a distressing and confusing experience. Knowing what steps to take can ensure your safety and aid the police and judicial system in handling the incident. Here’s a guide on what to do if you find yourself in such a situation.
1. Protect Yourself
Always remember to protect yourself first. If you’re in a potentially dangerous situation, your top priority should be to run, hide, or call for help. Do not attempt to confront or detain the alleged perpetrator on your own.
Instead, look for the safest option available—whether that’s running to a secure place, hiding, or calling out for help. Only when you are safe should you start considering other actions, such as alerting the authorities or capturing evidence.
2. Call The Police If The Situation Is Life-Threatening
If the crime you witness involves immediate danger to someone’s life or is a serious crime like violent crime or child abuse, it is vital to contact the police immediately. In Singapore, the emergency number is 999.
When you make the call, try to remain as calm as possible and provide precise information to help the police respond effectively. This includes the exact location of the incident, a description of the parties involved, and the nature of the crime.
Follow any instructions given by the police operator, as this guidance is crucial for managing the situation until law enforcement arrives.
3. Record Any Evidence, If Possible
If you witness a crime, capturing evidence can be invaluable to the police investigation and the subsequent court proceedings. However, it is crucial to do this safely without putting yourself at risk or compromising the integrity of the crime scene.
How to Document Evidence:
- Photographs and Videos: If it is safe and you are at a safe distance, use your mobile phone to take clear photos or videos of the scene, the accused person, any other witnesses, and other crucial elements like getaway vehicles or the direction the perpetrator fled.
- Note Important Details: Sometimes, it’s not possible or safe to take photos. In such cases, as soon as you can, write down or record voice notes detailing everything you remember.
This includes physical descriptions, car registration numbers, what the persons involved were wearing, and any conversation or sounds you heard. - Preserve the Scene: Do not touch or move anything at the crime scene. Interfering with the crime scene can lead to contamination of evidence, which might hinder the police investigation.
4. Cooperate Fully With The Police
Once the police arrive, it’s important to provide as many details as possible of what you heard and saw. Share every detail of the incident with the police officer handling the case.
Start with what led you to the situation, describe the event as it unfolded, and mention everything you saw and heard without adding personal assumptions.
Avoid inserting any personal assumptions, and do not lie about what you’ve witnessed. Hand over any evidence you may have recorded.
Should you witness a crime in Singapore, it’s important that you report it. Failure to do so can be construed as intentionally preventing the course of justice, an offence that comes with a jail sentence of up to 7 years, a fine, or both.
How Can You File A Police Report?
When you witness a crime in Singapore, reporting it to the police is a crucial step contributing significantly to the criminal justice process. Here’s how you can file a police report and what you should expect afterwards:
- Gathering Information: Before you head to the police station or use an online platform to report the crime, ensure you have all the necessary details at hand.
This includes the date, time, and location of the incident, a description of the alleged perpetrator (including physical attributes or identity if known), any precursors to the crime, and other pertinent information. - Filing the Report: You can file a report at any police station, or for non-emergency cases, use the electronic Police Centre or the SPF website. If you report a crime in person, a police officer will document your account.
During this police interview, the officer will ask you to clarify details to ensure all aspects of the crime are thoroughly understood and recorded. - Receiving a Copy of the Report: After lodging your report, you are entitled to a copy of it unless the crime was reported via the “999” police emergency line. This document is crucial as it formalises your witness statement.
- Follow-Up Actions: The assigned Investigation Officer (IO) will update you on the progress of the investigation. If new information arises or if you recall additional details, it’s vital to inform the IO. You can contact them during office hours.
- Court Involvement: If the case goes to court, you may be called to testify as a witness. This involves attending court, giving evidence, and possibly answering questions posed by lawyers from both sides. The aim is to help the court understand what happened.
The information in your report plays a vital role in helping the police with their investigations and the overall court proceedings, so it is imperative to be as detailed and accurate as possible.
i-Witness Programme In Police@SG Mobile Application
The i-Witness programme, accessible through the Police@SG mobile application, offers a modern way to assist the police with investigations while allowing the reporter to remain anonymous if preferred.
Key Features Of i-Witness
- Uploading Evidence: You can upload photos directly through the app detailing what you witnessed, including the time, date, and specific location of the incident.
- Option to Remain Anonymous: While reporting, you can choose to remain anonymous. This is particularly important for those who may fear reprisals or have concerns about their own safety, especially in cases of serious or violent crime.
- Legal and Emotional Support: While i-Witness does not provide direct updates to the informer, knowing that your report could contribute to a larger investigation can provide a sense of doing your civic duty.
How It Works
- Non-Emergency Reports: It’s important to note that i-Witness is intended for non-emergency information that does not require immediate police response. If you are in a situation where urgent police assistance is needed, you should call “999” directly.
- No Immediate Updates: Unlike direct police reports, you may not receive immediate updates about the information you submit via i-Witness. However, your report could be invaluable for ongoing investigations or might help identify unreported crimes.
Using the i-Witness programme allows you to contribute to community safety discreetly and securely. Every piece of information, no matter how small it might seem, could be crucial in helping the police solve or prevent crimes.
Will I Be Interviewed By The Police?
The police may call upon you to provide a written witness statement as part of their investigation, and will usually schedule a date and time for you to come down to the station for an interview. Here are some tips on how to handle yourself during a police interview.
It is extremely important that you are completely truthful to the police at all times. Lying or providing false information is against the law in Singapore, and can incur a fine of up to S$5,000, imprisonment of up to 6 months, or both.
Will I Need To Testify In Court?
If you have witnessed a crime, there may come a time when your account of the event becomes crucial to a court case.
Eyewitness accounts can be critical evidence in a criminal case, and in certain situations, you may receive a subpoena (a court order) to testify in court about what you’ve witnessed. You may also be asked to make a sworn statement of evidence.
If you do receive a subpoena, you must comply. Otherwise you might be issued a warrant of arrest or summoned to comply.
Testifying in court generally comprises 3 stages:
- Examination-in-chief: the side you are a witness for will ask you for your personal details and proceed to question you on your first-hand account of what happened.
- Cross-examination: the other side may question you and test your credibility, and you are allowed to disagree with any statements brought up by them.
- Re-examination: the side you are a witness for may ask for further clarification regarding matters raised during the cross-examination.
It is crucial that you are completely honest in your testimony at all times. In the event that you are unsure about your answer, let the lawyer questioning you know. Never falsify information.
What Happens If You Can’t Attend In Court
If you cannot attend the session as scheduled, it’s imperative to inform the Investigation Officer or the defence counsel immediately. They can assist you in rescheduling or explain your absence to the court.
Failure to comply with a subpoena without a valid reason can lead to a warrant for your arrest.
Financial Allowances For Witnesses
Witnesses may be compensated for their time based on the Criminal Procedure Code (CPC) (Witnesses’ Allowances) Regulations 2010, which provides a monetary allowance for each half-day of court attendance.
The amount of allowance must be at least $25 but cannot exceed $350. This allowance minimises the financial impact of participating in the legal process.
What Happens When You Witness A Crime But You Don’t Report It?
Witnessing a crime can place an individual in a morally complex and legally binding situation. In Singapore, the decision not to report a witnessed crime carries significant legal consequences and ethical implications.
In situations where you witness a crime and choose not to report it, you may be seen as intentionally obstructing the course of justice. Under Singaporean law, such an act can lead to severe penalties, including up to seven years in jail and/or fines.
This is particularly serious in cases where your testimony or the information you hold could significantly impact the outcome of a legal proceeding or police investigation.
Moreover, there are specific crimes that, if not reported, can lead to criminal charges against the witnesses themselves. For instance, failing to report a crime related to:
- Explosions under the Explosive Substances Act: Non-reporting can lead to imprisonment of up to five years.
- Unlawful possession of or trafficking in arms, Such as guns or grenades, if not reported immediately, can also result in up to five years of jail time.
The legal duty to report is a formality but a crucial aspect of maintaining law and order. It helps ensure that offenders are brought to justice and that potential future crimes are averted.
What If You Have Been Threatened To Not Testify In Court?
The State Courts provide a comprehensive Witness Support Programme to help vulnerable witnesses navigate the court process and manage the stress associated with testifying.
This programme is available free of charge and is designed to support witnesses who might feel intimidated or threatened.
Programme Features
- Volunteer Support Person (VSP): The programme assigns a VSP to accompany vulnerable witnesses to court proceedings. The VSP offers emotional support, helping to ease the anxiety and stress that may come from facing the accused or dealing with the court environment.
- Targeted Support: The programme specifically helps certain groups of vulnerable witnesses:
- Children: Any witness under the age of 18.
- Individuals with Mental Incapacities: Witnesses whose mental capacity is assessed to be below that of an 18-year-old.
- Victims of Traumatic Crimes: This includes victims or eyewitnesses of violence-related or sexual offences who may have been traumatised by the event.
- Elderly Witnesses: Individuals over the age of 65 who may require additional support.
Process Of Joining The Programme
If you are an adult witness and feel the need for support, you can participate in the Witness Support Programme by downloading the referral form from the State Courts’ website. After filling out the necessary details, submit the form to the State Courts, and arrangements will be made to assign a VSP to you.
Additional Protections
In cases where a witness has been threatened, the courts and police take these situations very seriously. Measures such as:
- Police Protection: Depending on the severity of the threat, police protection may be provided to ensure the safety of the witness both before and during the trial.
- Legal Recourse: It is a criminal offence to intimidate or threaten a witness. Such actions can lead to significant penalties for the perpetrators, including imprisonment.
- Detention of the Accused: In extreme cases where the threat to a witness is substantial and directly linked to the accused, the courts may order the detention of the accused without trial to prevent any harm to the witness.
Detention Of The Accused Without Trial
In certain extreme situations, the legal system must balance the rights of the accused with the safety and confidence of witnesses and the broader community.
One such measure is the detention of the accused without trial, which is applied under specific circumstances to protect witnesses who might be in danger due to their involvement in a case.
Circumstances Leading to Detention Without Trial
Detention without trial is not a decision taken lightly and is governed by strict legal frameworks to ensure it is used appropriately. In Singapore, under Section 44 (1) of the Criminal Law (Temporary Provisions) Act (CLTPA), such a measure can be implemented in scenarios where:
- Witness Safety: If the identity of a witness is compromised or if there is a credible threat against a witness who is crucial to the court case, the safety of the witness becomes a paramount concern. The fear of retaliation can deter witnesses from testifying freely, which may obstruct justice.
- Public Safety and Order: The detention order can only be issued if it is deemed necessary to maintain public safety, peace, and order. This is typically in cases where the accused poses a significant and ongoing threat to the community or specific individuals, such as witnesses.
Legal Process for Issuing a Detention Order
The process of detaining an accused without a trial involves several key legal steps to ensure fairness and adherence to the law:
- Public Prosecutor’s Consent: Before any detention order is issued, it must have the consent of the Public Prosecutor. This step ensures that the decision to detain someone without trial is not taken unilaterally and involves a judicial review of the circumstances surrounding the case.
- Issuance of the Detention Order: Once the need for such an order is established and consented to by the Public Prosecutor, a formal detention order is issued. This order outlines the reasons for detention and the terms under which it is to be carried out.
Conclusion On What Happens If You Witness A Crime
The role of a witness is pivotal in the judicial system. By acting responsibly and informatively, witnesses uphold justice and contribute to the safety and order of society.
Whether it’s taking the brave step to testify or understanding one’s rights and protections under the law, each action plays a crucial part in the broader legal landscape.
If you require any advice regarding what to do upon witnessing a crime or receiving a subpoena, get in touch with our team of experienced criminal lawyers in Singapore and divorce lawyers in Singapore at Tembusu Law who can ensure you are given the right legal advice that best protects your rights and interests.
This unique offer is part of our commitment to handling your legal affairs with utmost care, offering peace of mind and the best possible outcomes for your business needs.
To ensure that all your legal matters are managed effectively without any stress, contact Tembusu Law today. Let us help, and you can focus on what you do best.
Frequently Asked Questions On What To Do When You Witnessed A Crime
Should Children Testify In Court For Family Law Proceedings?
In Singapore, the decision to allow children to testify in court during family law proceedings considers the child’s maturity and understanding as per Section 120 of the Evidence Act 1893. This stipulates that the child must be able to understand questions and provide rationale answers.
The court also evaluates the child’s emotional stability and development to ensure that testifying does not adversely affect their well-being.
This approach aligns with Singapore’s obligations under the United Nations Convention on the Rights of the Child (UNCRC), emphasising the need to hear a child’s views in matters affecting them, provided they can form their own views.
What Types Of Crimes Require A Witness To Testify In Court In Singapore?
In Singapore, witnesses may be required to testify in court for a variety of crimes, particularly those involving serious offences such as murder, assault, robbery, and sexual crimes.
The testimony of a witness is crucial when their evidence can significantly affect the outcome by corroborating other evidence or providing a direct account of the criminal activity. The court will issue a subpoena to witnesses deemed essential to the proceedings, legally obligating them to testify.
What Are The Common Mistakes To Avoid After Witnessing A Crime In Singapore?
After witnessing a crime in Singapore, common mistakes to avoid include delaying the report to the police, altering the crime scene, or discussing your testimony with other potential witnesses.
Such actions can contaminate the evidence or influence the witness’s recollection of the event, undermining the integrity of their testimony and the overall investigation. It is crucial to report the crime immediately, preserve the scene as it is, and maintain confidentiality about the details of the incident.
How Are Witness Statements Used In The Investigation And Prosecution Of A Crime?
Witness statements play a vital role in investigating and prosecuting crimes in Singapore. They provide law enforcement with detailed accounts of the crime, which can help in piecing together the events and identifying suspects.
