Police And Your Basic Rights : Part 2 of 3

Extracted from the Bar Council Redbook pamphlet

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 call to:-
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 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 may the Police detain you
The Police may only detain you 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, the Police 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. He/She has the power to make 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.

In any event, 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;
• you want medical treatment because you are sick or have been beaten;
• if the Police had threatened or beaten you during detention;
• if you had been denied proper and adequate food/water/clothing, the toilet or necessary medical attention during your detention;
• whether you have been detained previously immediately before your current detention;
• whether the Police had 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 remand period asked by the Police. Give reasons (Example: "I will co¬operate with the Police in their investigation", "I will be available and will not run away" etc).

[Disclaimer : Contents of this blogpost is reproduced in-toto from The Malaysian Bar red book pamphlet. Please click on the following shortcut link to read the original red book pamphlet in totality. The following are the contact details of the nearest Legal Aid Centres for Peninsular Malaysia:-

PUSAT BANTUAN GUAMAN / LEGAL AID CENTRES (LAC)
• Kuala Lumpur : 03-2691 3005 / 03-2693 2072
• Selangor : 03-5510 7007
• 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
• PulauPinang : 04-2617 451 / 04-3316 830]