What Is Acquittal & How Can One Be Acquitted In Singapore?

An acquittal is the most complete outcome an accused person can achieve in Singapore’s Criminal courts. It is a formal finding by the court that the charge has not been proven beyond reasonable doubt. It ends the Criminal proceedings, protects the accused from being tried again for the same offence, and does not result in a Criminal record for the charge acquitted.

Understanding what an acquittal means, how it differs from a Discharge Not Amounting to Acquittal (DNAA), the ways in which an acquittal can be reached, and what happens after acquittal is essential knowledge for anyone facing Criminal proceedings in Singapore.

What Is an Acquittal?

An acquittal is a formal determination by a court that the accused is not guilty of the offence charged. In Singapore, an acquittal is sometimes also called a Discharge Amounting to Acquittal (DATA), which distinguishes it from the more limited Discharge Not Amounting to Acquittal (DNAA).

An acquittal has two critical consequences:

1. No Criminal record for the acquitted charge.

The acquittal does not appear on the accused’s Criminal record as a conviction. The proceedings have ended in the accused’s favour.

2. Autrefois acquit protection.

The accused is protected from being tried again for the same offence on the same facts. This is Singapore’s statutory codification of the common law rule against double jeopardy. Once a person has been formally acquitted of an offence, the prosecution cannot bring the same charge against them again based on the same facts.

What Is a DNAA?

A Discharge Not Amounting to Acquittal (DNAA) occurs when the prosecution discontinues the current proceedings against an accused, but does so in a way that does not permanently resolve the charge. The court records the discharge, but it does not constitute an acquittal.

Under Sections 232 and 254(1) of the Criminal Procedure Code (CPC), the Public Prosecutor has the power to discontinue a prosecution at any stage of the proceedings. When the court stays the proceedings and grants a discharge following such a discontinuation, the result is presumptively a DNAA unless the court specifically directs that the discharge amounts to an acquittal.

The key consequences of a DNAA:

• The accused is released from the current proceedings.
• The accused can be re-charged for the same offence at a later date if new evidence emerges.
• The DNAA does not trigger autrefois acquit protection.
• A DNAA is not a finding of guilt, but it is also not a permanent resolution.

When Is a DNAA Granted?

A DNAA is typically granted where there is a temporary impediment to the prosecution continuing, such as a key witness being temporarily unavailable, pending forensic results, or ongoing investigations into related matters. It allows the prosecution to pause proceedings while keeping the option of re-charging open.

What Is a DATA (Discharge Amounting to Acquittal)?

A Discharge Amounting to Acquittal (DATA) occurs where the court specifically directs that the discharge amounts to an acquittal. This is a full acquittal and provides the same protection as a not-guilty verdict after trial: autrefois acquit applies, and the accused cannot be re-prosecuted for the same offence.

The Difference Between Discharge Amounting and Not Amounting to an Acquittal

This is where many people get confused. There is a big difference between a discharge amounting to an acquittal and a discharge not amounting to an acquittal (DNAA).

How Can an Accused Person Be Acquitted?

The path to an acquittal isn’t always through a long trial. There are specific circumstances where the Court determines that a conviction is not the appropriate outcome.

Insufficient Evidence to Convict the Accused

If the evidence is weak or if key testimony falls apart, the Court may decide that there is no basis to continue. In such instances, a discharge amounting to an acquittal is granted because the legal threshold for guilt has not been met.

The Accused is of Unsound Mind

Under the Criminal Procedure Code (CPC), if the Court finds the accused committed the act but was of unsound mind, the Court must record a specific finding of acquittal by reason of mental flashback/unsoundness of mind. However, the person is often not simply “let go” but may be ordered to be kept in safe custody (e.g., a psychiatric institution).

Does an Acquittal Mean a Person is Innocent?

This is a nuanced area that often causes confusion. In the eyes of the law, an acquittal means you are “not guilty.” However, there is a distinction between legal acquittal and factual innocence.

Legal Acquittal vs Factual Innocence

A legal acquittal means the State did not meet the burden of proof required to convict you. Factual innocence is a personal and social standing. While the Court focuses on whether the law was broken and proven, a discharge amounting to an acquittal provides the legal shield you need to remain free from the stigma of a Criminal record.

Public Perception vs Legal Reality

We understand that even after a Court clears your name, public perception can be a different battle. However, having a formal acquittal is your strongest tool in protecting your reputation. It serves as the official record that you were not convicted of the crime.

Other Orders Similar to Acquittal

Sometimes, a case ends without a conviction, but it isn’t a full acquittal. It is vital to know where your situation stands among these other common outcomes:

• No Further Action (NFA): This usually happens at the investigation stage. The police decide not to proceed with the case at all.
• Stern Warning: This is a formal caution. While it is not a conviction, it is kept on record and may be considered if you offend again.
• Conditional Warning: Similar to a stern warning, but you must remain crime-free for a specific period (usually 12 months) for the charges to remain dropped.
• Compounding an Offence: For certain less serious crimes, you might pay a sum of money to the victim or the State to have the matter settled without a trial.

Can a Person Who has been Previously Acquitted Later Be Convicted?

One of the biggest fears for anyone who has been cleared is whether the nightmare can return.

No “Double-Charging”

Singapore follows the principle of “autrefois acquit.” This means that if you have received a discharge amounting to an acquittal, you cannot be charged again for the same offence based on the same facts. The law protects you from being “double-charged” or harassed by repeated prosecutions for the same incident.

Being Convicted on Appeal

There is one exception: if the prosecution appeals the acquittal to a higher Court. If the higher Court finds that the lower Court made a legal error, it could potentially overturn the acquittal. This is why having robust legal representation remains vital even after an initial win.

How to Seek Compensation After an Acquittal

If you have been acquitted, you might be wondering about the financial and emotional toll the trial took.

Legal Compensation Available

In Singapore, it is possible to seek compensation if the prosecution was conducted in bad faith or was frivolous. However, the criteria for compensation are quite strict. You must show that the prosecution was not just unsuccessful, but that it was fundamentally flawed, frivolous or vexatious.

Civil Proceedings and Mediation

Beyond the Criminal Court, some individuals explore civil proceedings for malicious prosecution or seek resolution through mediation to recover losses incurred during the trial.

From our practice — Jonathan Wong

“We acted for a woman in her forties who had received a discharge not amounting to an acquittal on a cheating charge several years before she came to see us. She had been telling people, including her employer, that she had been acquitted. When a new complaint arose from a different complainant involving similar facts, the original prosecution was revived.

She came to us not fully understanding why she could be charged again after she had already been discharged. The distinction, that a DNAA leaves the charge on the record and allows reinstatement, had not been explained to her at the time of the original discharge.

The consequence was that she had made representations about her record that were now being used against her in disciplinary proceedings. The lesson I see again and again in the State Courts is that a discharge is not always an ending. Sometimes it is a pause.”

What Happens After Acquittal?

No Criminal Record for the Acquitted Charge

An acquittal does not produce a Criminal record for the charge acquitted. Standard Criminal record checks will not show a conviction. However, investigation records may still exist within police systems, which is relevant in some professional licensing and immigration contexts.

Civil Proceedings Can Still Be Brought

A Criminal acquittal does not bar a civil claim. A victim who was harmed by the accused’s conduct may still bring a civil claim for damages, even after a Criminal acquittal. The standard of proof in civil proceedings is lower (balance of probabilities rather than beyond a reasonable doubt), and the legal analysis differs. Both proceedings are independent.

Reputation and Practical Consequences

An acquittal is a legal vindication, but it may not undo reputational damage caused by the charges or the publicity surrounding the case. Employers, licensing bodies, and other institutions may have their own policies regarding persons who have been investigated or charged, regardless of the outcome.

Conclusion About Acquittal In Singapore

Navigating the legal landscape requires more than just knowing the definitions; it requires a strategy that protects your future. Whether you are dealing with a Criminal charge or a complex Divorce, having the right support makes all the difference.

At Tembusu Law, we are proud to have very experienced Criminal lawyers and Divorce lawyers in Singapore who are dedicated to helping you find the best way forward.

Frequently Asked Questions About Acquittal In Singapore

Will A Discharge Amounting To An Acquittal Show On My Criminal Record?

No, since a discharge amounting to an acquittal is not a conviction, it will not result in a Criminal record. You are considered not guilty of the offence. However, the fact that you were once charged may still exist in internal police records, though it does not carry the weight of a conviction.

How Is This Different From A Trial Acquittal?

The result is effectively the same: you are cleared of the charges. The main difference is the timing. A trial acquittal happens after all evidence is heard by a Judge, whereas a discharge amounting to an acquittal often occurs because the prosecution chooses to stop the case before a verdict is reached.

Can My Lawyer Request A Discharge Amounting To An Acquittal?

Yes, your lawyer can make representations to the prosecution or arguments in Court to push for a discharge amounting to an acquittal. This is often done when there is a lack of evidence or when it is clearly not in the public interest to continue the prosecution.

Does This Affect My Employment Status In Singapore?

Generally, an acquittal means you have no Criminal conviction, which is a positive for your employment. However, some industries with high security or integrity requirements might ask about past legal proceedings. Having a formal acquittal is the best possible outcome in such situations.