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Thursday, April 26, 2012

Malaysia Bar Council Red Book guide if under arrest

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.

1 comment:

Michael said...

Can a police(not in his uniform) hit a civilian in public or place of work?