If The Person That Called The Police Does Not Want To Prosecute, Does That Mean That No Charges Will Be Filed By Police?

The main determining factor for whether charges will be filed by the police is if there is significant public interest involved in the case. This is regardless of the fact if the person who called the police or the victim want to proceed with prosecution or not.

For example, in Chua Tian Bok Timothy v Public Prosecutor [2004] 4 SLR(R) 514; [2004] SGHC 208, the victim in a road rage incident, who the offender had punched, had consented to composition. Thus, in this case, the victim did not want to proceed with prosecution as he was satisfied with the composition offered by the offender.

However, the court felt that this case involved strong public interest as Singapore takes road rage cases very seriously and does not condone violence as a result of it. The judge then dismissed the petition to allow composition and remitted the case back to the lower court for trial where the offender was charged with voluntary causing hurt.

Hence, only for offences which are minor and largely private in nature will the parties be allowed to come to a settlement. For such cases, charges may not be filed by the police as public interest involved may be insignificant.

However, police may also take into consideration the victim’s wishes in certain instances and may exercise their discretion by choosing to administer a stern warning instead of prosecuting the offender.

Legal representation could be helpful in getting the police or the prosecution to consider dropping charges against you. Should you have any questions or need legal representation, kindly contact Gloria James-Civetta & Co on 6337-0469 for a free consultation, or email to consult@gjclaw.com.sg

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