I think over the past few years, there has been a lot of hoo-ha over what the police can or cannot do and what our rights are. And so far, I've not found out exactly what are our rights when we are pulled-over or confronted by a police.
However, after doing some surfing I found this book written by the Malaysian Legal Aid Centre (an arm of the Bar Council). And since almost every1 doesnt have a hard copy of the book, I've found the online version. Do read the below, it might be a tad long, but hey, its your rights and you deserve to know! Thanks to ravinsingh.com for this version.
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1. POLICE STOP YOU
1.1 Not in uniform, ask for identification
Say: "Please, show me your Police authority card".
1.2 Police authority card
Red : Suspended Police Officer. He has no authority to do
anything to you. Walk away.
Other colours:
• Blue : Rank of Inspector and above
• Yellow : Below the rank of Inspector
• White : Reserve police
Note his name and Police authority card number.
1.3 In uniform
Note his name and ID number on his uniform.
1.4 Police vehicle
Note the number plate of the patrol car or motorcycle.
2. POLICE QUESTION YOU WHEN STOPPED
2.1 Your identification
Only give your name, ID card number and address.
2.2 The police ask other questions
Politely ask, "Am I under arrest?"
2.3 When you are under arrest
You are arrested if the Police:
• tell you "yes";
• do not allow you to leave/want to take you to the Police
Station; or
• handcuff you.
If you are not under arrest, you may walk away/refuse to follow
him back to the Police Station or anywhere else, if asked.
2.4 When you cannot be arrested
The Police cannot arrest you just because you are a potential
witness and they want to take a statement from you (Witness/112
Statement).
3. QUESTIONING BY POLICE WITHOUT ARREST
3.1 112 Statement
When the Police are investigating a case and think you have
information / knowledge about the case, the Police may question
you and take down your answers (112 Statement).
3.2 Informal/Formal Request
Most times, the Police make an informal request that you give a 112
Statement. If the place and time is convenient to you, cooperate.
If not, tell the Police you will do so at a convenient place and time.
If you refuse to cooperate, the Police may issue a formal order in
writing, signed by an investigating officer (Police Officer) to ask
you to cooperate.
If you disobey a Police Order, you cannot be arrested. However, it is
an offence and the Police may request the Magistrate to issue a
warrant against you to compel you to cooperate.
3.3 Giving a 112 Statement
You have the right to ask a lawyer to accompany you.
This is advisable.
In giving a 112 Statement, you may refuse to answer any question /
remain silent if the answer is likely to expose you to a criminal
offence.
• Bring along a notebook or writing paper with you (Personal Notes).
• Write down every question asked in your Personal Notes.
• Make sure you understand every question asked.
• Take your time and think carefully before writing your answers in
your Personal Notes.
• Read your answers to the Police Officer questioning you.
• Keep your Personal Notes for future reference.
3.4 Signing your 112 Statement
Before signing your Statement, read the questions and your answers
written by the Police Officer carefully.
• Compare the Statement you are asked to sign with your Personal
Notes.
• You have the right to make any corrections/changes to the
Statement before signing.
• Place your signature immediately below the last sentence of your
Statement.
4. POLICE ARREST YOU
4.1 Ask: "Why am I under arrest?"
An arrest is unlawful if you are not informed of the reason.
4.2 Do not resist an arrest
The Police have the right to use reasonable force to arrest you if you
resist.
4.3 Ask: "Which Police Station are you taking me to?"
The arresting Police Officer must immediately take you to the
nearest Police Station and no other place.
4.4 What to do when arrested
You have the right to telephone:
1. Your relative or friend; and
2. A lawyer.
You may also call a nearby Legal Aid Centre (LAC). Inform them:
• you have been arrested;
• the time, place and reason of the arrest;
• the Police Station you will be taken to.
4.5 What happens after arrest
You may be detained up to 24 hours:
• at the Police Station, or
• in a lock-up to "assist" police investigation.
5. YOUR RIGHTS AFTER ARREST & DURING DETENTION
5.1 Right to consult a lawyer
Once you request for the presence of a lawyer, you have a right to
consult the lawyer at the Police Station. The Police must accord
you reasonable facilities and a reasonable time period for you to
meet and consult the lawyer. The Police may, however, deny you
this right, if the delay in questioning you may cause the occurrence
of another crime or cause danger to others.
5.2 Clothing
You are allowed to have one set of clothing with you in the
lock-up.
5.3 Personal belongings
The Police must record and put all your personal belongings in
safe custody. Your personal belongings must be returned to you
upon your release.
5.4 Welfare
You are allowed to take a bath two times a day. If you are sick,
you have the right to receive immediate medical attention.
You are to be given proper and adequate food and water during
detention.
5.5 How long can the Police detain you
The Police may only detain you for up to 24 hours for investigation.
The duty of the Police is to complete investigations within 24 hours
and to release you as soon as possible. If the Police cannot complete
investigations within 24 hours, they must bring you before a
Magistrate for a remand order to extend your detention beyond
24 hours (Remand Order).
6. REMAND ORDER BY MAGISTRATE AFTER 24 HOURS
6.1 Who is a Magistrate
A Magistrate is a judicial officer. The Magistrate has the power to
issue a Remand Order to detain you for more than 24 hours.
6.2 Purpose of a Remand Order
It is to give more time to the Police to complete their investigations
and decide whether there is evidence to charge you for an offence.
The Police cannot ask for a Remand Order only for the purpose of
taking a Statement from you.
6.3 How long is a Remand Order
When the Police bring you before a Magistrate for a Remand Order,
the Police must give reasons to the Magistrate why it is necessary to
detain you for more than 24 hours. The Magistrate's duty is to
consider carefully the reasons given by the Police.
The Magistrate has the discretion:
• not to make a Remand Order, and release you; or
• make a Remand Order for a period shorter than that asked for by
the Police.
The Magistrate has the power to make a Remand Order of not more
than 4 days or 7 days depending on the offence being investigated.
The Police may return at the expiration of this time period and apply
for a 2nd Remand Order. The Magistrate may make a 2nd Remand
Order of not more than 3 days or 7 days depending on the offence
being investigated.
6.4 What to say when you are brought before a Magistrate for
remand
Tell the Magistrate:
• you want legal representation and you want to contact your lawyer,
the LAC and your family;
• if you want medical treatment because you are sick or have been
beaten;
• if the Police threatened or beat you during detention;
• if you were denied proper and adequate food/water/clothing, access
to the toilet or necessary medical attention during your detention;
• whether you had been detained previously, immediately before
your current detention;
• whether the Police carried out any investigations during your
detention.
6.5 Ask for a shorter Remand Order from the Magistrate
Before the Magistrate makes the Remand Order, ask for a shorter
period than what the Police asked. Give reasons (examples: "I will
co-operate with the Police in their investigation", "I will be available
and will not run away" etc).
7. BODY SEARCH WITHOUT ARREST
7.1 When Police can do so
If you are at a place (example: disco/karaoke/entertainment outlet)
where the Police are conducting a raid to look for something there
(example: drugs), the Police may detain and search you if they think
you have or are hiding the thing being searched for.
This may only be done in the presence of a Police Officer ranked
Inspector and above.
7.2 What to do
• Do not allow the Police Officer to put his hands into your clothes
or pockets.
• If you are asked to take out your belongings one by one, each time,
say "purse", "keys", "ID card" etc.
• When your pockets/bags are empty, turn them inside out.
7.3 Your rights
• All body searches must be carried out in a professional manner and
with decency.
• A female can only be body searched by a female Police Officer.
• If you are forced to strip naked or threatened with a strip search:
1. Protest;
2. Remember the Police Officer's name; and
3. Lodge a police report after the incident.
8. BODY SEARCH UPON ARREST
8.1 When Police can do so
• The Police reasonably suspect that you have evidence relating to a
suspected offence.
• You are arrested.
• The body search must be conducted in a confined place. It is your
right to be bodily searched in private.
8.2 Types of body searches
The law allows the Police to conduct 4 types of body search:-
1. Pat down search -
act of searching outer clothing.
2. Strip search -
to search for concealed evidence, object,
contraband or weapon. May only be conducted with the
authorisation of an officer ranked Inspector and above.
3. Intimate search -
to search beyond the mouth, nose and ears.
May only be conducted with the authorisation of an officer
ranked Assistant Superintendent (ASP) and above.
4. Intrusive search -
to determine the existence of objects etc. in
the body. May only be conducted with the authorisation of the
Officer in Charge of the Police District (OCPD). Must be
conducted by a Government Medical Officer or Medical
Officer.
8.3 Your rights
• All body searches must be carried out in a professional manner and
with decency.
• It is advisable to request that you be accompanied by your lawyer for
the search.
• A female can only be body searched by a female Police Officer.
9. QUESTIONING BY POLICE AFTER ARREST
9.1 Identity of the Police Officer questioning you
Note the name/rank of the Police Officer questioning you.
9.2 Right to remain silent
The Police Officer will first make friendly conversation/talk (example:
ask you about your family and friends etc). You are only obliged to give
your full name, age, address and occupation (Personal Particulars).
Other than giving your Personal Particulars, you have the right to
remain silent. Be polite. Do not be afraid to remain silent. This is your
right. If you choose to remain silent, say: "I would like to
exercise my right to silence".
9.3 112 Statement by you during investigation
The Police Officer will ask you questions and then write down your
answers. The Police cannot threaten or force you into making a
Statement. If you have been threatened, beaten or forced, lodge a
police report against the Police Officer at the first opportunity. This is
your right.
9.4 112 Statement is not to be used as evidence
Generally, any Statement you make to the Police during investigations
cannot be used as evidence except if you are being charged for
offences under, for example, the Dangerous Drugs Act, the
Kidnapping Act and the Internal Security Act. However, you may use
the Statement to support your defence during your trial.
LEGAL AID CENTRES (LAC)
• Kuala Lumpur : 03-2691 3005 / 03-2693 2072
• Selangor : 03-5510 7007 / 03-3281 2428
• Negeri Sembilan : 06-6013 844
• Melaka : 06-2845 519 / 06-2864 514
• Johor : 07-2235 698
• Perak : 05-2550 523
• Kedah & Perlis : 04-7333 467
• Kelantan : 04-7448 660
• Pahang : 09-5159 244 / 09-2969 410
• Pulau Pinang : 04-2617 451/ 04-3108 451
POLICE AND YOUR BASIC RIGHTS
Published in conjunction with TANGKAP
(Tindakan Anti PenyalahGunaan Kuasa Polis)
www.malaysianbar.org.my
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Boodyboy, out!!!
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