Restitution to Theft or Fraud Victims
Ministry of Home AffairsSpeakers
Summary
This question concerns inquiries by MP Miss Rachel Ong regarding protocols for returning recovered items and ensuring due process for restitution in theft or fraud cases. Minister for Home Affairs K Shanmugam stated that the Singapore Police Force facilitates voluntary restitution through documented procedures involving witness officers and supervisory verification if direct payment is impossible. For seized property, the Police seek Court orders for its return once investigations conclude, ensuring all actions are meticulously recorded. Minister for Home Affairs K Shanmugam noted that restitution is reported to the Court and requires verification and acknowledgments from both the accused and the victim. These protocols maintain transparency by documenting the amount, date, and identities of all parties involved to ensure the process is conducted properly.
Transcript
9 Miss Rachel Ong asked the Minister for Home Affairs in cases of theft or fraud, what measures are in place to ensure that (i) recovered items are duly returned to the rightful owner (ii) investigating officers have gone through due process before requesting that restitution be made to the victim and (iii) the restitution ordered has been made to the victim.
10 Miss Rachel Ong asked the Minister for Home Affairs (a) whether there are protocols in place for the Singapore Police Force to actively inform parties of the due process to be expected when they are required to pay or receive money in restitution; and (b) if not, whether such protocols can be put in place.
Mr K Shanmugam: During investigations or Court proceedings, the Police may facilitate the payment of restitution monies or the return of recovered properties. The process for each is distinct.
Restitution is voluntarily offered by accused persons. When an accused person offers restitution monies to the victim and the victim accepts the offer, the investigation officer may facilitate the payment of restitution where required.
As far as possible, arrangements will be made for the restitution monies to be paid directly from the accused person to the victim. Where this is not possible, the investigation officer may act as an intermediary. In such a case, another officer will be required to witness the handing over of monies from the accused person to the investigation officer and, subsequently, from the investigation officer to the victim. The accused person and the victim will be informed of and must agree to this arrangement beforehand. In addition, supervisors are required to verify that the restitution was done properly.
The entire process is documented, including the amount of restitution, the date and mode of payment, the name of the officers involved in facilitating the restitution, and the acknowledgement by the accused person and the victim that the restitution sum has been paid.
Where the case is heard in Court, the Police or the prosecution will inform the Court of any restitution made. Such restitution will be recorded and may be subject to verification by the accused person and the victim during Court proceedings.
In cases of theft or fraud, the recovered property may be returned to the rightful owner or seized by the Police for investigations or Court proceedings. If the seized property is no longer required for investigations or Court proceedings, the Police will apply to the Court for the property to be returned to the rightful owner. The seizure and return of property will also be documented.