Background: The Marina Bay Sands Incident

In March 2023, a drag performer and her friend were assaulted at Marina Bay Sands (see https://www.todayonline.com/singapore/police-probe-alleged-assault-mbs-homophobic-slur-2380816). When the police arrived, the police informed them that they had no power to arrest the offender at that point as the offender had committed a non-arrestable offence. This incident sparked several discussions online on the differences between arrestable and non-arrestable offences, and what the victim can do in such a situation.

What is the difference between an arrestable and non-arrestable offence? 

The main difference between arrestable and non-arrestable offences is the requirement for an arrest warrant. 

For arrestable offences, the police do not need an arrest warrant to arrest an accused person if the accused person has been alleged to have committed an arrestable offence. 

For non-arrestable offences, police will need an arrest warrant before being allowed to arrest an accused person who has been alleged to have committed a non-arrestable offence. 

Which offences are arrestable offences? 

a. Penal Code Offences

For Penal Code offences, the Third Column of the First Schedule of the Criminal Procedure Code sets out which offences are arrestable offences. Arrestable offences are offences labelled as “may arrest without warrant” in the Third Column. Where offences are labelled “shall not arrest without warrant” in the Third Column, these offences are non-arrestable offences.

b. Non-Penal Code Offences

If the offence was not a Penal Code offence, one would have to check that specific legislation to see if the offence is arrestable. For example, reckless or dangerous driving is an arrestable offence under Section 64(5) of the Road Traffic Act, which states that the police may arrest any person committing such an offence “without warrant”. 

c. Legislation is Silent

Where legislation is silent on whether the offence is arrestable, the general rule is that offences are arrestable if they are punishable with death, or 3 or more years of imprisonment. Offences are non-arrestable offences if they are punishable with less than 3 years of imprisonment, or with a fine. 

Examples of arrestable offences

Common arrestable offences include: 

• Voluntarily Causing Grievous Hurt

• Voluntarily Causing Hurt with a dangerous weapon 

• Theft

• Robbery

• Assault or use of criminal force with intent to outrage modesty

• Rape

• Extortion

• Cheating

• House-breaking

• Criminal Trespass 

Remedies for non-arrestable offences

Even if the police do not arrest the person accused of committing a non-arrestable offence immediately, it does not mean that the police will not take any action against them. The police will take down the accused person’s details and look into the matter before deciding whether to take any further action against the accused person. 

Regardless of the outcome of the police investigation, if you wish to take action against the accused person, you should file a police report shortly after the incident. You can make an online police report at https://eservices1.police.gov.sg/phub/eservices/landingpage/police-report. 

If the police decide not to take any action against the person accused of committing a non-arrestable offence or if you do not wish to wait for the outcome of their investigation, you may consider filing a Magistrate’s Complaint. This can be done online, by yourself, at https://www.judiciary.gov.sg/criminal/file-magistrates-complaint. 

You may also consider engaging a lawyer to advise you on the civil and criminal remedies that are available to you, or to help you with filing the Magistrate’s Complaint if you do not wish to do it yourself.

Tania Chin

Head, Criminal Litigation and Investigations, TSMP Law Corporation

tania.chin@tsmplaw.com