Singapore is not just controversial for banning gum chewing in its country. But, most foreigners also dread the country for its Draconian Law implementation on the Misuse of Drugs Act (MDA). The law is the toughest around the globe. So, before you take a poppy on board, do make sure you read this article to ensure that you will not end up in jail for violating the drug misuse laws in Singapore.
While some countries like Belgium or the United States have more flexible drug laws, like permitting the use of cannabis (marijuana) to a certain level, such use remains unbent in Singapore.
Controlled drugs under Singapore's (MDA) include cocaine, opium, heroin, ice, ketamine (also known as special K), and ecstasy.
Below are the common drug-related offences.
Under section 18 of the MDA, a person is presumed to possess controlled drugs unless proven otherwise. The burden of proving innocence rests on the defendant. Failing to do so can result in imprisonment for a maximum period of 10 years, or a fine of $20,000, or both.
Section 8(b) of the MDA strictly prohibits the consumption of any controlled drug or specified drugs. The penalty is the same as the maximum penalty for mere possession.
If the police find you using controlled drugs repeatedly, you will face imprisonment for at least three years.
Section 33A, on the other hand, punishes a person using specified drugs if he has been previously:
(a) admitted in any institution
(b) convicted for specified drug consumption
(c) convicted for failing to provide a urine specimen.
In this case, the person shall suffer imprisonment for a minimum of five to seven years and three to six strokes of the cane.
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According to sections 31 and 31A of the MDA, urine and hair tests shall be conducted if the police have a reason to believe that a person consumed drugs. Failing to submit samples can result in imprisonment for a maximum period of 10 years, or a fine of $20,000 or both for section 31. And two years imprisonment, or a fine of $5,000 or both, for section 31A.
Section 22 of the MDA presumes consumption of a controlled drug if found in the urine sample unless proven that the said submission to urine test was not voluntary.
A person caught possessing apparatus used in drugs, such as pipes, syringes, and the like, will be presumed to have consumed drugs and can be imprisoned for a maximum period of three years or a fine of $10,000 or both, even if he passed the urine test.
Some fearless Singaporeans believe these laws only apply in Singapore and go elsewhere. They believe their country can no longer have jurisdiction over them. But section 8A of the MDA has a broad application which extends to all its citizens or permanent residents using drugs no matter where they are.
Foreigners entering Singapore get randomly tested for drug consumption at the entry points.
Section 5 of the MDA defines the trafficking of controlled drugs as the most extreme offence. It is applicable if a person sells, transports, delivers, distributes or even offers to or encourages others to consume them. Asking another person to transport dangerous drugs on his or on behalf of someone else, even if that person is not in Singapore, comes under this law.
As per section 17 of the MDA, a person is presumed to possess the drugs for trafficking when caught with the following substances and amounts:
Substances Presumption of Possession Death Penalty
| Substances | Pressumption of Possession | Death Penalty |
|---|---|---|
| Heroin | 2 grams or more | 15 grams or more |
| Cocaine | 3 grams or more | 30 grams or more |
| Hashish | 10 grams or more | 200 grams or more |
| Cannabis | 15 grams or more | 500 grams or more |
| Opium | 100 grams or more | 1200 grams or more |
| Methamphetamine | 25 grams or more | 250 grams or more |
Drug consumption. Once the Director of CNB suspects that a person is consuming and is already a drug dependent, he may be required to submit himself for urine and/or hair testing. If the result is positive, the person gets admitted to a Drug Rehabilitation Centre (DRC) for six months (which may extend up to three years). It is instead of the jail sentence for first and second-time offenders.
Youthful users. It applies to young users between 16 and below 21 years of age. They get remanded to Community Rehabilitation Centre (CRC) upon being detained in the DRC for six months.
Disclaimer: The article is not a piece of legal advice or opinion on the topic discussed, and one should not rely on it. No one should see it as a statement of law and practice in this area. If you need any legal advice, consult a lawyer in your jurisdiction. None of the members, partner or consultant who is a part of Bishop Law assumes or holds any responsibility or liability to any person in respect of the content shared above.
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We'll get back to you as soon as possible. We are happy to speak to you if you have a query, and either have a consultation on the phone or by video call if necessary.
We generally charged fixed fees and we allow instalment payments. Our prices start from $3000 for minor offences. Speak to us for a case review for a fixed-fee quote for your case.
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There are many possible outcomes in a criminal case. Prison sentences are only imposed when the offence is serious enough to warrant it. Many times we are able to get cases dismissed with a warning or with a fine. Of course each situation depends on the facts. It's best you get advice from a criminal lawyer to help you understand what your chances are.
It depends on the type of offence you have committed. For some less serious offences there would no longer be a record after several years. For more serious offences there would always be a criminal record unfortunately. A criminal record isn't the end of the world. Many of our clients get their lives back on track and go on to enjoy a happy life and career. We'll advise you and help you plan for the future.
This depends on a number of things. How serious is the offence that you are charged with? How serious is the injury or loss or damage suffered in the case? Are there any other special aggravating reasons? What kind of evidence is there against you? These questions will determine whether your case ends up in Court.
For almost all minor offences and traffic offences your case will be dealt with in the State Court. The State Court deals with cases where the maximum imprisonment term is 10 years and the maximum fine is $30,000. Cases involving caning of up to 12 strokes are also dealt with here.
Any case which involves the death penalty or a maximum imprisonment term of more than 10 years would be dealt with in the High Court.
In Singapore, a criminal offence is described as conduct that has been declared as such by law enacted by Parliament. The classification of criminal offences in Singapore is viewed as a three-stage process:
1.The physical element: Is the accused’s behaviour or conduct banned by law?
2.The fault element: What was the accused’s mental state at the point when the crime occurred?
3.The defences: Are there any defences that may be utilised to absolve the accused of criminal guilt, even if the factual and culpability aspects are existent?
It’s vital to remember that a suspect may only be held accountable for a crime
if he or she is determined to have committed both the factual and culpability aspects of the crime. The prosecutor would have to prove its allegations against a suspect ‘beyond all reasonable doubt,’ as required in criminal cases.
The Penal Code in Singapore has been amended several times over the years. Penalties for some crimes were raised in 1973, and the 1984 Penal Code (Amendment) Act, which came into force on August 31, 1984, provided strict penalties for certain crimes.
The Singapore Criminal Code sets out the basic principles of Singapore's criminal law and the components and penalties for common crimes such as criminal intimidation, mischief, exacerbation of assault, robbery, blackmail, sexual misconduct, and fraud. Other laws, such as the Weapons Crimes Act, the Abduction Act, the Substance Abuse Act, and the Vandalism Act, define and list all criminal issues applicable in Singapore.
The Criminal Law Temporary Provisions Act is Singapore's Criminal Code, which allows government agencies to order the detention of suspects without trial. First implemented in 1955 during the colonial era, it was intended for a one-off measure, but has been updated regularly since then. The government refused to make it permanent, stating that "the law should be formally updated by Congress every five years." The validity of the law was extended to February 2018 and now continues until October 2024.
An offence will be recorded as a criminal record if the perpetrator is:
Charged in Singapore of any properly registered offence.
Charged of any crime conducted inside Malaysia that is recognizable under Malaysian law;
Banishment, expulsion, or deportation from Singapore or Malaysia; or
Charged with any crime in, or exiled, deported, or ejected from, any location outside of Singapore and Malaysia, and the appropriate officials of that country provide such information to the Registrar.
The workings of a criminal lawyer include bail hearings, complaints, trials, revocation hearings (probation or probation), appeals and post-conviction appeals. As part of a lawyer's duties, the lawyer will:
Investigate the case and interview witnesses
Research and study Case Law, Criminal Law and Procedural Law
Build defenses and develop strategies
Negotiate with the prosecutor and sue for lower plea
Drafting, submitting, and arguing motions such as motions to dismiss and motion to suppress
Be the defendant's lawyer in court
Create, submit, and discuss an objection
Experience, analytical skills, patience, perseverance, research skills, strong knowledge and communication skills. These are some key attributes of a good criminal lawyer.
