Saturday, May 2, 2020

Relative Ineffectiveness Of Criminal Network - MyAssignmenthelp.com

Question: Discuss about the Relative Ineffectiveness Of Criminal Network. Answer: Powers of Arrest The Criminal law of Singapore is belongs to the common law system, which sets the principle of the criminal law system. It also explained the common elements and penalties for common criminal offenses. The common criminal offenses like thefts, homicides, and cheatings are punishable under the Penal Code. When a person is found to commit such offense under the Penal Code, the government has taken the liability to found the issues, investigate and arrest the person. An arrest is an act of depriving people of liberty for the prevention of crime and proceeds for the investigation purpose (Sso.agc.gov.sg 2018). The police and other relevant officers have right to arrest a person with or without notice. When a person has enough reasonable ground for committing an offense or guilty, he or she may be arrested by them. A citizen can arrest a person on the reasonable grounds of committing any offenses. According to the Penal Code of Singapore, it is conducted with the criminal offenses. There are other laws and statues like Arms Offences Act, Kidnapping Act, Vandalism Act and Misuse of Drugs Act, which are conducted with the Criminal offenses (Worrall 2014). The process of Arrest The Criminal Procedure Code of Singapore has been defined the arrest, bail, and process to compel appearance in Part VI. A person can be arrested by the Police or by the enforcement agencies like Corrupt Practices Investigation Bureau (CPIB), Commercial Affairs Department (CAD), Central Narcotics Bureau (CNB) and Immigration Checkpoints Authority (ICA). The police force of Singapore has enough power where they can arrest someone without any notice obtaining from the authority of the Court. The Singapore government has provided enough powers to the police authority that without a warrant or Courts written permission, they can arrest the offender (Worrall 2014). The person who is not a police officer or relevant authority has rights to arrest the offender and handover the arrested person to a police officer or taken to a police station. The citizens who will arrest the offender while committing the offence is allowed to defend the body or property of him or others against harm, without fear of reprisal from the law. The Arrestable Offences There are several offenses can be committed when the offender will be recognized for committing the arrestable offenses. The offenses, which are arrestable, referred in the Third Column of the First Schedule of the Criminal Procedure Code (CPC) (Sso.agc.gov.sg 2018). Those arrestable offenses are: Theft Assault or uses of Criminal force Impersonation of a public servant Cheating Criminal intimidation Criminal Breach of trust Rioting Robbery Extortion Affray, Driving rashly or negligently Wrongful restraint or confinement Rape Dishonestly eating of the stolen property Sexual assault by penetration without consent Trafficking Consumption of drugs Offences under the Vandalism Act Offences under the Computer Misuse and Cybersecurity Act According to the above list of the alleged offenses, the police officer or citizen can arrest the offender. If any of the cases involved with the non-arrestable offense, then the police will file a Magistrates Complaint at the State Courts Crime Registry. In this matter, the police never arrest that person without a warrant notice (Sso.agc.gov.sg 2018). Police arrest procedure in Singapore According to the above list of offenses, the police can arrest a person with or without the warrant. When the police officer has suspected the person, who is committing a dangerous offense, can investigate the issues and provide reports to the authentic authority. The police can use reasonable forces to make an arrest. While in the case of voluntarily causing hurt, the police are subjected to investigate the issues before arrested the person. According to the Section 83 of the Criminal Procedure Code, a police or relevant authority can arrest a women offender. A woman is only allowed to arrest a women offender according to the section 83 of Criminal Procedure Code (Sso.agc.gov.sg 2018). Arrest without a warrant According to the section 64 of the Criminal Procedure Code, the police may arrest a person without a warrant when he or she is found to commit an offense or suspect for involvement with the arrestable offenses. According to such reasonable grounds, the police can arrest the person without a warrant (Owusu-Bempah 2016). According to the above-mentioned grounds, the arrest can be processed. Section 65 of the Criminal Procedure Code has legislated that if any person denied providing his or her identity, which includes the name and address as per the demand of the police officers, then the police officer can arrest the person without a warrant (Sso.agc.gov.sg 2018). However, the arrested person can be detained in the custody only for 48 hours as per the provision of section 68 of Criminal Procedure Code (Sso.agc.gov.sg 2018). Arrest with a warrant According to the section 69 of Criminal Procedure Code, when a person has committed an arrestable offense, the police or respective law enforcement officer or agency can issue a warrant from the court to arrest him or her (Sso.agc.gov.sg 2018). While in the cases of causing hurt, it is necessary to investigate the issues and then the report will be issued for the warrant. After arresting the person, he or she must be produced to the court without any delay. According to the nature of the offense, the offender can ask for bail. Arrest by the civilian According to the provision of Penal Code, the section 66 of the Criminal Procedure Code, has legislated that a civilian has right to arrest an offender who has committed the offense as per the above list of offenses (Sso.agc.gov.sg 2018). The citizens who will arrest the offender while committing the offence is allowed to defend the body or property of him or others against harm, without fear of reprisal from the law. However, after the person was arrested, he or she must be informed the grounds for the arrest and produced to the court without any delay. Every offender has rights to consult with a legal practitioner. After the person was arrested, he or she was taken to the police headquarter where the other investigation will be processed (Owusu-Bempah 2016). The personal belongings will be surrendered to the police. He or she may be taken for the first court appearance and apply for the process of bail. If the bail is not granted by the court then, the proper investigation will be processed and the charges will be convicted according to the nature of the case (Worrall 2014). Reference Duijn, P.A., Kashirin, V. and Sloot, P.M., 2014. The relative ineffectiveness of criminal network disruption. Scientific reports, 4, p.4238. Owusu-Bempah, A., 2016. Defendant participation in the criminal process. Taylor Francis. Peak, K.J. and Madensen, T.D., 2018. Introduction to criminal justice: Practice and process. Sage Publications. Ronel, N. and Segev, D., 2014. Positive criminology in practice. International Journal of Offender Therapy and Comparative Criminology, 58(11), pp.1389-1407. Schmalleger, F., Donaldson, S., Kashiwahara, K., Koppal, T., Chase, S., Brown, A., Jarriel, T. and Marash, D., 2014. Criminal justice today. Prentice Hall. Sso.agc.gov.sg. (2018). Criminal Procedure Code - Singapore Statutes Online. [online] Available at: https://sso.agc.gov.sg/Act/CPC2010?ProvIds=P1VI-#pr87- [Accessed 12 Jan. 2018]. Worrall, J.L., 2014. Criminal procedure: from first contact to appeal. Pearson Higher Ed.

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.