Wednesday, May 4, 2011

Your Rights When Malaysia Police Arrest You.

Your rights when Malaysia police arrest you.
A bit long but you should know

1. ARRESTED BY POLICE
 
1.1 No Dress Uniform Identification Request
If he was not in uniform, ask him to show identification. Say, "Please show your Police Authority
Card."
1.2 Police Authority Cards
Red: the police officer suspended. He has no power to do anything against you. You may be gone from there.



 
Other Colors:

    
* Blue: the rank of Inspector and above.
    
* Yellow: the rank of Inspector.
    
* White: Reserve Police
Please note the name and card number.

 
1.3 Dress Uniform
Please note the name and ID number on his uniform.
 

 1.4 Police Patrol Vehicles
Please note the registration number of the patrol car or motorcycle.

2. POLICE STOP YOU IN YOUR INTERROGATION

 
2.1 Personal Identification
Just give the name, identity card number and your address.

 
2.2 The police asked other questions
Ask politely, "I'm being arrested?"

 
2.3 Are you being arrested
You are arrested when police:

    
* To answer "yes", does not allow you to pass / want to take you to the police station, or
    
* Handcuff you.
If you are arrested, you can pass / refuse to follow him to the police station or anywhere, if requested.

 
2.4 When you can not be captured
Police can not arrest you just because you are a potential witness and they want to take a statement 

from you (Statement 112/Witness).

 
3. QUESTIONING BY POLICE WITHOUT
ARREST

 
3.1 Statement 112
While the police are investigating a case and think you have information / knowledge about the case, the police may interrogate you and post all your answers (Statement 112).
3.2 Request for Official / Unofficial
Normally, the police made no official request that you provide Statement 112. If the place and time convenient for you, you can work together. If not, tell the Police you will work in a place and at the appropriate time. If you refuse to cooperate, police could issue a formal instruction in writing, signed by an Investigating Officer (Police Officer) require you to work. If you do not comply with police instructions, you will not be arrested. However, it was a mistake and the police may apply to the Court to issue a warrant terhada that you urge your cooperation.

 
3.3 Make a Statement 112
In making the statement 112, you can refuse to answer any question / silence if the answer is likely to expose you to criminal offenses.

    
* Bring along your notebook or writing paper (Personal Notes).
    
* Record your Personal Notes in the questions asked.
    
* 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 carefully and answer all your questions written by the
concerned police officer .

    
* Compare the statement that you will sign with your Personal Notes.
    
* You have the right to make corrections / amendments to the statement before signing.
    
* Lower the right hand under the last sentence of your statement.

 
4. POLICE ARREST YOU
4.1 Ask: "Why am I arrested?"
An arrest to be valid if you have not told the reason arrests.
4.2 Do not resist when arrested
Police have the right to use reasonable force during arrest you if you resist.
4.3 Ask: "Police Station where I will bring?"
Police officers carrying out the arrest must immediately take you to the nearest police station and not vice versa.
4.4 What should you do when arrested
You have the right to make a phone call to:
   
1. Family or friends and / or
   
2. A lawyer. 


You also can contact Legal Aid Centre (LAC).
Tell them:
    
* You have been arrested;
    
* The time, place and reason were arrested;
    
* Police Station where you will be taken. 


4.5 What will happen after arrest
You can be detained for up to 24 hours

    
* At the police station, or
    
* In the lock-up to "assist" police investigation. 


5. YOUR RIGHTS AFTER ARREST AND WHILE IN DETENTION
5.1 The right to consult a lawyer
Once you request the presence of a lawyer, you have the right to negotiate with lawyers at the police station. The police must provide the facilities reasonable time and reasonable for you to meet and talk with the lawyers. The police, however, be denied this right, if the delay in questioning a crime you can cause others or causing harm to others.
5.2 Clothing
You may have one set of clothes with you when in the lock.
5.3 Personal belongings
The Police must record all your personal belongings and put them in safe custody. Your personal belongings should be returned to you once released.
5.4 Welfare 

You are allowed to shower twice a day. If you fall ill, you are entitled to receive medical treatment immediately. You should be given food and drinks are reasonable and sufficient time in detention.
5.5 How long does the police may arrest you
The police can only detain you for up to 24 hours for investigation. Police task is to complete the investigation within 24 hours and release you immediately. If the Police can not complete an investigation within 24 hours, the police must bring you before a Magistrate for a remand order for you to extend the detention period beyond 24 hours (Remand Order). 


6. REMAND ORDER BY MAGISTRATE AFTER 24 HOURS
 

6.1 Who Magistrate
Magistrate is a judicial officer has the authority to make the Remand Order to detain you for more than 24 hours.
6.2 The purpose of Remand Order
To provide more time for police to complete the investigation and decide whether there is evidence to charge you for any one offense. Police Remand Order does not apply just to take a statement from you.
6.3 How long is the Remand Order
When the police take you before a Magistrate to apply for a Remand Order, the police must give 

reasons to the magistrate why you should be detained for more than 24 hours. Magistrate task is
to consider carefully the reasons given by the Police.

 
Magistrate has a discretion:

    
* To not allow the Remand Order and the subsequent release you, or
    
* Remand Order allowing for a shorter period than that requested by the Police.
A magistrate has power to allow the Remand Order is not more than 4 days or 7 days depending on the nature of the offense being investigated. The police can apply for a second after the conclusion of a Remand Order Remand Order first. Magistrate may permit the Remand Order for a period not exceeding 3 days or 7 days depending on the nature of the offense being investigated.
6.4 What should you say when you are brought before a magistrate for the remand
Tell the Magistrate:

    
* You want to be represented by a lawyer and you want to contact a lawyer, legal aid centers and family;
    
* If you want medical treatment because you are sick or have been beaten;
    
* If the police have threatened or hit you while in custody;
    
* If you have not given food / drink / clothing or medicine proper and adequate time in detention;
    
* If there had been detained before the latest arrest you;
    
* Whether the police were carrying out any investigation during the detention
Apply 6.5 to the Magistrate gave a brief Remand Order
Before the Magistrate concerned to make the Remand Order, please remand period is shorter than that requested by the Police. Give reasons (for example: "I will cooperate with the police in their investigation, "" I can be contacted at any time and will not run away ", etc). 


7.
BODY INSPECTION WITHOUT BEING ARREST
7.1 When will it be done
If you are in one place (for example: disco / karaoke / entertainment center) in which the police conduct raids to find something (eg drugs), the Police may stop and check if they think you have, or are hiding things that are being sought. This can only be done in the presence of a police officer above the rank of Inspector and above.
7.2 What to do


    
* Do not allow the Police Officer to put his hand in your shirt or pocket / your pocket.
    
* If you are asked to remove your personal belongings one by one, each time called "wallet", "key", "Identity Card", etc..
    
* When the pocket / pockets / bags were emptied, turn the pocket / pockets / bags.
7.3 Your Rights

    
* All checks must be carried out professional and bodies polite.
    
* A woman can only be searched by a female police officer.
If you are forced / threatened to strip:

    
* Resist it;
    
* Remember the names of Police Officers and
    
Make a police report after the incident. 


8.
BODY-INSPECTION AFTER ARRESTED
8.1 The Police can do so if

    
* The police reasonably suspect that you have evidence on the suspected offense.
    
* You were arrested.
    
* Examination of the body must be conducted in enclosed areas. You have the right to be 

       body searched at the closed place .
8.2 Types of
Body Inspection
The law allows police to four types of inspection bodies: -
1. Inspection body pat-down of the external clothes examination.
2. Inspection without clothes - to look for evidence, object, weapon or illegal goods. Can only be conducted with the permission of an officer of the rank of Inspector and above.
3. Inspection difficult - other than looking in the mouth, nose and ears. Can only be conducted with the permission of an officer above the rank of Assistant Superintendent (ASP) and above.
4. Internal inspection - to determine the existence of objects, etc.. in the body. Can only be undertaken with the consent of the Chief of Police District (OCPD). Shall be conducted by a Medical Officer or Medical Officer of Government.
8.3 Your Rights

    
* The inspection body must be conducted in a professional and courteous.
    
* You are advised to request accompanied by a lawyer andasemasa inspection.
    
* A woman can only be searched by a female police officer 


9. QUESTIONING BY POLICE AFTER ARREST
 
9.1 Identity of the police officer interrogating you

Please note the name / rank of the police officer interrogating you.
 
9.2 Your right to remain silent
Police will often mingle in advance (for example: asking about family and friends etc..) 

You only need to provide your full name, age, address and your occupation (Information-Personal Information). In addition to personal information, you have the right to choose to remain silent.  
You should be polite. You need not fear to remain silent. It is your right anda. if choose 
to remain silent, say,

"I want to use my right to remain silent."
  

9.3 Statement of your time in the investigation of 112

The police will ask you questions and then write down your answers. Police did not bolehmengugut or force you to give a statement. If you are threatened, beaten or forced to, make a police report against the Police Officer immediately. It is your right.

9.4 Statement 112 can not be used as evidence / proof
In general, any statement you make to the police during interrogation may not be used as evidence / proof unless you are accused of offenses under, for example, the Dangerous Drugs Act, Kidnapping Act and the Internal Security Act. However, you can use your statement to support your defense at 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

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