Quora Answer: Why are Singapore Laws Based on Guilt until Proven Innocence?

The following is my answer to a Quora question: “Why are Singapore laws based on guilt, until proven innocent?  Are lawyers required to find evidence to prove your innocence, or the police will charge you in court?”

Singapore law is based, like everywhere else in the civilised world, on the presumption of innocence.  That is why the prosecution must prove guilt beyond reasonable doubt.  Normally, when a police report is made, it is the job of the police force, or the relevant investigation agency, to determine if an offence was committed.  This is the evidence gathering phase, and there are strict procedures on the acquisition and handling of evidence even here, based on the Criminal Procedure Code (Cap 68), and the Evidence Act (Cap 97).

Once, law enforcement have ascertained that an offence is committed, they may arrest the suspect, if it is a seizable offence, such as robbery.  The case is then forwarded to the Attorney General’s Chambers, and they decide whether to proceed, based on the strength of the case, against the accused.  Other options include dismissing the case, or issuing a warning.

Depending on the type and nature of the offence, it may be handled at the Magistrate’s Court, or higher, in which case, it proceeds to trial.  It is here, where the accused disputes the charge, that the onus is upon the defence to challenge the evidence presented.  They do not have to prove innocence.  They only need to introduce reasonable doubt, since the accused in presumed innocent, and it is the responsibility of the prosecution to build a strong case.