Police Arrest in Malaysia: Know Your Rights
Police Arrest in Malaysia: Know Your Rights
Stay calm, know your rights during a police arrest in Malaysia.
This is what you should know:-
Right to be Informed of the grounds of arrest.
You should be informed of the reasons of your arrest as soon as possible by the police.
This constitutional right is expressly mentioned under:-
a. Article 5(3) of the Federal Constitution (“FC”); and
b. Section 28A(1) of Criminal Procedure Code (“CPC”).
If you are not informed of the grounds of your arrest, the arrest will be unlawful.
Right to consult and engage a criminal lawyer in Malaysia
You should be allowed to consult and be defended by a lawyer.
This fundamental right is similarly found under:-
a. Article 5(3) of FC; and
b. Section 28A(2) of CPC.
Generally, you should be allowed to speak to your lawyer during a police arrest in Malaysia. However, the police may refuse your right to a legal counsel if he has reasons to believe that by doing so, you may interfere with police investigations such as tampering with witnesses or evidence.
Right to remain silent
After the police arrest in Malaysia and during the police investigation, when you are being questioned by the police, you have the right to remain silent. Do not feel compelled to answer any questions if you do not wish to do so.
Under Section 113(1)(a)(ii) of CPC, the police must caution you that you are not required to answer any questions and anything you say may be used as evidence against you.
If the police have cautioned you, anything that you say voluntarily after the caution will then be admissible as evidence in court.
Right to be bailed
Subsequently, once the investigation is completed and if you are charged for a crime under the law, you may be entitled to bail depending on the nature of the offence.
The 1st Schedule of the CPC states the nature of offences which are bailable, non-bailable or unbailable. For bailable offences, bail is given as of right without any conditions imposed on the bail.
However, for non-bailable offence, generally bail subject to conditions may be granted if the said offence is not punishable with life imprisonment or a death sentence.
Examples of conditions imposed are such as confiscation of passports, reporting to the police station, or by providing surety etc.
On the other hand, unbailable offences are those where bail will not be granted and includes offences under Security Offences Security Measures Act 2012 (SOSMA) and Dangerous Drugs Act 1952.
Take note that the police is only allowed to detain you up to 24 hours as per:-
a. Article 5(4) of FC; and
b. Section 28(1) of CPC.
Within these 24 hours, the police may release you on bail and if they do not, they may bring you before the Magistrate to obtain a remand order to detain you for a longer period. A further remand is usually requested for if the police have yet to finish their investigations.
Article contributed by Wilson Tan and Olivia Chai.
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