Scenario 1~POLICE STOPS YOU
When you are stopped by a police officer who is not in uniform, do ask "Please, show me your Police authority card". Then, note the colour of the card. If it is Red, it means he is a Suspended Police Officer. He has no authority to do anything to you. Walk away. Other colours are 1) Blue : Rank of Inspector and above ;2) Yellow: Bellow the rank of Inspector: and 3) White : Reserve police. Having satisfied of his authority to stop you, take note of his name and ID number. If he is in uniform, note his name and ID number on his uniform. Also take note of the number plate of the Police vehicle either a patrol car or motorcycle.
Scenario 2~ POLICE QUESTION YOU WHEN STOPPED
If you are asked of your identification, ONLY give your name, ID card number and address. However, if the police ask other questions, politely ask "Am I under arrest?". You will be under arrest if he tells you "yes" or does not allow you to leave/want to take you to the Police Station or handcuffs you.
On the other hand, if you are not under arrest, you may walk away/refuse to follow him back to the Police station or anywhere else, if asked. Do note that the police cannot arrest you just because you are a potential witness and want to take a statement from you (112/ Witness Statement)
NB: 112 statement is made under Section 112 of Criminal Procedure Code that reads:-
(1) A police officer making a police investigation under this Chapter may examine orally any person supposed to be acquainted with the facts and circumstances of the case and shall reduce into writing any statement made by the person so examined.
(2) Such person shall be bound to answer all questions relating to the case put to him by that officer:
Provided that such person may refuse to answer any question the answer to which would have a tendency to expose him to a criminal charge or penalty or forfeiture.
(3) A person making a statement under this section shall be legally bound to state the truth, whether or not such statement is made wholly or partly in answer to questions.
(4) A police officer examining a person under subsection (1) shall first inform that person of the provisions of subsections (2) and (3).
(5) A statement made by any person under this section shall, whenever possible, be taken down in writing and signed by the person making it or affixed with his thumb print as the case may be, after it has been read to him in the language in which he made it and after he has been given an opportunity to make any corrections he may wish.
Scenario 3~ QUESTIONING BY POLICE WITHOUT ARREST
When the police are investigating a case and think you have information/knowledge about the case, the police may examine you and take down your answers (112/Witness Statement).
Most times, the police make an informal request that you give a 112/Witness Statement. If the place and time is convenient to you, do cooperate. If not, tell the police you will do so at a convenient place. If you completely refuse to cooperate, the police can issue a formal
order in writing, signed by an investigating officer (Police Officer) to ask you to cooperate. Note that 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 your cooperation.
When you are giving a 112/Witness Statement, you have the right to ask a lawyer to accompany you. This is highly advisable. In giving a 112/Witness Statement, you may refuse to answer any
question / remain silent if the answer is likely to expose you to a criminal offence.
Useful guidelines to be followed when giving 112/Witness Statement:
• 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.
Then, before signing your 112/Witness 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.Do note that you have the right to make any corrections/changes to the statement before signing. Having satisfied with your recorded statement, sign your signature immediately below the last sentence of your statement.(That is not to leave any gap in between)
Scenario 4~POLICE ARREST YOU
If you are arrested, ask: “Why am I under arrest?” An arrest is unlawful if you are not informed of the reason. Always remember not to resist an arrest because Police have the right to use reasonable force to arrest you if you resist.
Then 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.
When you are arrested, you have the right to telephone call to Relatives or Lawyer. You may also call a nearby Legal Aid Centre. If such, inform them that you have been arrested and the Police station you will be taken to.
After arrest, you may be detained up to 24 hours at the Police station, or in a lock-up to “assist” police investigation.
Scenario 5.~ AFTER ARREST & DURING DETENTION (YOUR RIGHTS!)
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 a reasonable period of time for the lawyer to meet you and for
consultation to take place. The Police can, however, deny you this right, if the delay in questioning you may cause the occurrence of another crime or cause danger to others.
2. Clothing
You are allowed to have one set of clothing on you in the lock-up.
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.
4. Welfare
You are allowed to take 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. How long can the Police detain you
The police can only detain you up to 24 hours for investigation. The duty of the police is to complete investigation within 24 hours and to release you as soon as possible.
If the police cannot complete investigation within 24 hours, the police must bring you before a Magistrate far a remand order to extend your detention beyond 24 hours (“Remand Order”).
Scenario 6~ REMAND ORDER BY MAGISTRATE AFTER ARREST
1. Who is a Magistrate
A Magistrate is a judicial officer. He/She has power to make a Remand Order to detain you for more than 24 hours.
2.Purpose of Remand Order
It is to give more time to the Police to complete their investigation 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.
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 beyond 24 hours.
The Magistrate’s duty is to consider carefully the reasons given by the Police.The Magistrate may order a Remand detention of between 4 to 7 days.
The Police may return at the expiration of this time period and apply for a 2nd Remand Order. For this 2nd Order, the Magistrate may extend the detention for another 3 to 7 days.
The Magistrate, after careful consideration of the reasons given by the Police, has discretion:
• not to make a Remand Order; or
• make a Remand Order for a period shorter than that asked by the
Police.
The Police can make more than one application for a Remand Order. Altogether, you cannot be detained longer than 15 days.
4 . What to say when you are brought before a Magistrate for remand
Tell the Magistrate:
• you want legal representation and to contact the Legal Aid Centre 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 food/water/clothing, toilet or necessary medical attention during your detention;
• whether the Police had carried out any investigation during your detention.
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 cooperate with the Police in their investigation”, “I will be available” etc).
Scenario 7~ BODY SEARCH WITHOUT ARREST
If you are at a place (example: karaoke/clubs/entertainment outlets) where the Police are conducting a raid or looking for something (example: drugs), the Police may search your body/bags without arresting you.
This must be done in the presence of a Police Officer who is an inspector or of a higher rank.
1. What to do?:
• Do not allow the Police officer to put his hands into your pockets
or bags.
• Take out your belongings one by one. Each time, say “Purse”, “keys”,“ID card”, etc.
• When your pockets/bags are empty, turn your pockets/bags inside out.
2. Your rights
• A female can only be body searched by a female Police Officer.
• All body searches must be carried out with decency (Example: cannot touch your private parts).
• There is no law requiring you to strip naked.
Scenario 8~ BODY SEARCH UPON ARREST
The Police have power to search your body for any object relating to the suspected offence.The body search must be conducted in a confined place. It is your right to be bodily searched in private.
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. Can only conducted with the authorization of an officer ranked Inspector and above
3. Intimate search - to search beyond the mouth, nose and ears. Can only be conducted with the authorization of an officer ranked Assistant Superintendent (ASP) and above
4. Intrusive search - to determine the existence of objects etc in the body. Must be conducted by Government Medical Officer or Medical Officer. Can only be conducted with the authority of the Officer in charge of the Police District (OCPD)
If you are forced to strip naked/threatened if you do not strip naked:
• Protest
• Remember the Police Officer’s name.
• Lodge a report after the incident.
Scenario 9~ QUESTIONING BY POLICE AFTER ARREST
When being questioned, note the name/rank of the Police Officer questioning you.
The Police Officer will first make friendly conversation/talk (example: ask you about your family and friends etc). Be polite. Do not be afraid to remain silent. This is your right. Other than giving your Personal Particulars, you have the right to remain silent.
If you choose the right to remain silent, say: “I will answer in Court”.
The Police Officer will ask you questions and then write down your answers. You are only obliged to give your full name, age, address and occupation (Personal Particulars). The Police cannot threaten or force you into making statements.
If you have been threatened, beaten or forced, lodge a police report against the Police Officer at first opportunity. This is your right.
Note that any statement you make to the Police during investigation cannot be used as evidence. But you may use the statement to support your defence during Trial.
~source: -POLICE AND YOUR BASIC RIGHTS -Published in conjunction with TANGKAP (Tindakan Anti PenyalahGunaan KuAsa Polis) -www.malaysianbar.org.my
Useful and @$$ saving numbers :-
PUSAT BANTUAN GUAMAN / LEGAL AID CENTRES (LAC)
• Kuala Lumpur : 03-2691 3005 / 03-2693 2072
• Selangor : 03-3372 2792
• Negeri Sembilan : 06-7633 035
• 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 / 04-3316 830
No comments:
Post a Comment