Right to Counsel
Written in plain language for general understanding. This is educational content, not legal advice. Based on Singapore Acts of Parliament, subsidiary legislation, and official government guidance.
Singapore National Law
What is this right?
Every arrested person has the right to consult and be defended by a legal practitioner of their choice:
- Article 9(3) guarantees access to a lawyer "as soon as may be" after arrest.
- However, Singapore courts have interpreted this as not requiring immediate access — the police may delay access to a lawyer for a "reasonable time" to complete their investigations (e.g., recording statements, preventing destruction of evidence).
- Under CPC s23, if you are arrested and not released within a reasonable time, you must be brought before a Magistrate within 48 hours (excluding travel time). At this point, access to counsel must be granted.
- If you cannot afford a lawyer, you may apply for legal aid through the Legal Aid Bureau (LAB) for criminal cases, or seek help from the Criminal Legal Aid Scheme (CLAS) run by the Law Society.
When does it apply?
- You have been arrested by any law enforcement agency in Singapore.
- This right applies to all persons — citizens, PRs, and foreigners.
- The right exists for all criminal offences, from minor offences to capital charges.
What should you do?
- Request access to a lawyer immediately — state clearly: "I wish to speak to a lawyer."
- If you do not know a lawyer, you can call the Law Society's CLAS hotline or the Legal Aid Bureau.
- Your family members can also engage a lawyer on your behalf.
- If access to a lawyer is refused, note the time of the request and the officer's response — this may be relevant later.
What should you NOT do?
- Don't expect immediate access — the police may lawfully delay your access to counsel while they conduct urgent investigations. This does not mean your right is denied.
- Don't refuse to provide a statement solely because you haven't seen a lawyer — under CPC s22, you are legally bound to state facts relating to the case (except facts that would expose you to a criminal charge). Refusing to answer can be used against you at trial.
- Don't confuse the right to counsel with the right to have a lawyer present during questioning — there is currently no right to have a lawyer present during police interviews in Singapore.
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