Arrest (Rights of
A-ed persons (3. APPLY FOR HC
app to HC order to…
3. APPLY FOR HC
- app to HC order to release person illegally detained.
- supported by affidavit stating where and whom and facts
- affidavit made person detained unless unable to make it, some other
- copy of W produced in C or show in affidavit W asked but refused
- W for the court to order a person in custody to be brought before it signed and sealed.
371, W delivered to the applicant and serve personally
- person aggrived by any decesion appeal to FC 30d
COMMUNICATION WITH LAWYER AND RELATIVE
(i) before police question, inform him he may communicate with lawyer.
(ii) police to allow R time for lawyer to be present consultation withn sight of police and not heard. 28A(5).
police cant Q or record anthng till person has comminicated with lawyer.
(iii) police does not have to comply if R belive it will result in accomplice absconding or destruction of E. 28A(8).
(iv) HE only DSP can invoke. 28A(9)
RIGHT TO LEGAL COUNSEL
A5(3) 2 situations for this right
1. upon A
- arise when person brought b4 M in 24h to get remand order 117 to complete investigation.
- Ooi Ah Phua v OCCI Kedah. police deny legal representation if interference encourge to fabricate story
- Saul Hamid v PP, entitled to legal representation. burden on police to prove inteference.
- Lock up rules, lawyer permit to visit person to prepare defence.
- A5(4) / S28(3), person w/o unnesarry delay brought before M
- venue of M no importance
117 Remand Order.
offence punishabel -14y. [4/3]. +14y[7/7].
119 Diary of proceedings.
PDRM v Keong Mei. mandatory for police produce copy of diary.
Ketua polis daerah johor v Nhui Tek. mistake in diary not render remand order void so long M satisfied suspect identity and purpose of remand order. mistake=typo.
INFORMED ON GROUNDS
- Chrustie v Leachinsky.
(i) informed on true grounds
(ii) if not informed, police liable for false inprisonment
(iii) need not inform if, person arrested knows the general nature of the offence, impossible to infrom.
28A(1), person A w/o W informedn asap on grounds.
person can A if in his view commits a non-bailable and seizable offence or who has been proclaimed under s44 CPC.
must then w/o uneseccary delay hand over to the nearest police
- brought before M within 24h
- if no reason to belive such perosn commited an offence, shall be released S27(4).
4. in his view, 2 interpretations.
a) in his sight, strict interpretation, Durga SIngh
b) in his opinion, wider, Sam Hong Choy v PP. in his presence or within his sight.
not actually witness the offence but certain the person running away were offenders. proxinity. not mere suspicion
1.S30. M to A or authorize any persto A an offender who has committed an offence in his presence and within the local limits of his jurisdiction
- S31. A if he is competent at the time and circumstances to issue W.
- M not try case himself. brought before another M 24h. failing which A comes illegal.
- same as police but additional steps.
2. S25. w/o unnecessary delay handover the arrested person to nearest police offices.
- police rearrest person.
- police examine if the offence is S or non-S then A according to S23 or 24
- not arrest w/o W follow 3c1s (prison -3y)
- HE, if written laws provide offence seizable even tho punishable less than 3y , offence is seizable
- police arrest w/o W. 3c1s.(prison +3y) 2(1).
- if expreselly, written law
- if resist A, the use all means necessary to A 15(2)
- no right to cause death if offence is punishable with death or life. 15(3)
Mode of A
1. How arrest is made:
s.15(1) ;[how A is effected]
a. Mode1: touching
b. Mode 2: confining
c. Mode 3: person submits to custody by words or action.
- Shaaban [what constitutes an A]
Proposition A: states in terms
Proposition B: force to restrain the person
Proposition C: makes it clear by words or conduct will use force to prevent person from going
S4 SOSMA 2012
- police A person for security offence for 24h up to 28d by SP.
- may be released pending investigation and app by PP to court to attach EMD
Summons and Warrant case 2(1)
summons = not being a warrant case
warrant = relating to offence punishable w/ death or prison 6m+
Form and procedure
- summons, 34-37
- Warrant 38-50
S47. W can only be issued b4 or after issue of summons
C believes person absconds or disobey summons. (b4 issue of summons)
accused failed to appear in C ( after issue of summons)
unlawful issue warrant for summons case
Procedure on A of person outside jurisdiction. 43
W executed outside local jurisdiction, person brought b4 nearest M.