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.

Street Rally for Beginners guide

In preparation for BERSIH 3.0, here is a Street Rally for Beginners guide
Powerpoint presentation

Powerpoint presentation

Street Rally Guide for Beginners

What to wear
What to bring
What not to bring
How to arrive
What to do when arrived
What to do when rally begins
What to do when rally ends
What to do when encounter rowdy people
What to do when surrounded
What to do when tear-gassed
What to do when sprayed with water
What to do when arrested
What to do when brought to police station
What to do when released from police custody

What to wear

Wear comfortable clothing
- yellow T-shirts
- yellow Caps/hats/hijab
- shorts of any color
- Capris of any color
- Cargo pants of any color
- running shoes of any brand

What to bring

8 essential items
- Identity card/MyKad/Driving License for official identification only
- Sufficient cash and/or ATM card
RM50 - RM100 in paper form. No coins
- Sweets for minty fresh breath
- Salt in small packets
for quick energy & clear headedness restoration
- Damp cloth in plastic bag
preferably soaked in salt water/saline solution for when tear-gassed and/or to wipe skin when sprayed with chemicals
-Your personal medical necessities
if you do, like inhalers/diabetic pills/insulin jabs
- Pen & notepad
for necessary written documentation of information/numbers
-Camera/Video Camera
if you are bringing electronics, please bring a plastic bag to water-proof them

What NOT to bring/wear

- no student card/work pass/ID
don't reveal too much about yourself
- not too much cash and/credit card
you're not going shopping/pisang goreng stall don't accept credit cards, and there might be pick-pocketers in large crowd
- no slippers or hight heels which will prevent you from running efficiently
- no sarong/skirt/flowy clothing which will prevent you from running efficiently
- no placards/banners/political associated logos your physical presence is a strong message, there is no need to provoke or champion anything else
- no sharp or dangerous items making it easier for authorities to justify your arrest
- no cigarettes/smoking please be considerate to fellow ralliers who do not smoke

How to arrive

Inform family members & friends that you are attending the street rally.
Try NOT to drive into the city to avoid roadblocks 8i traffic jams
Study a city map to know entryi'exit points.
Take public transportation like buses. trains, LRT & rnonorail.
Prepare to walk if train stations are closed.
Arrive in groups. do NOT arrive alone.

What to do when arrived

Identify the Field Commander.
Follow ALL his instructions.
Ignore any other directives.
ALWAYS move in groups.

Walk Do NOT run or push.
Be aware of old folks {children.
Do NOT lose your bearings.
Keep an eye for escape routes.

What to do when rally begins

Stay sensible. Stay safe. Don't panic.
Do not stray from group
Report any suspicious activities
Do not provoke anyone with language/action

What to do when rally ends

Dismiss slowly, quietly and peacefully
Thank the Field Commander
Take pictures to be posted on Facebook
Tag your friends
Make sure the area is clean

What to do when encounter rowdy people

Ignore them. Do not give them a chance to make you angry or react to them
If they become aggressive, report to the Field Commander or the police
Make records of their faces if situation permits.

What to do when tear-gassed

Wet/damp your towel and cover your face
Run for cover, away from the gas/smoke
Run against the wind if possible
Do not get near the canister
Rinse your eyes with water
Eat some salt to regain clarity & energy

What to do when surrounded

If you get surrounded/kettled/corralled, DON'T PANIC!
Stay calm. Remain in position. Sit down if you're tired
Keep your spirit strong. Kettling can last for hours, depending on what time the policemen need to be home for dinner.
Do not provoke the police
Do not give up
Do not take pictures to tag them on Facebook
Do be very patient

What to do when sprayed with water

Run for cover, away from the water canon
Do not hide behind structures
Rinse your skin with water
Wipe with damp cloth soaked in salt/saline water
Do not rub salt on your skin

What to do when arrested

When questioned, give ONLY:
1. your name
2. your identity card/MyKad
3. Your address

If he asks you ANY OTHER questions, you have the right NOT to respond, but ask, "Am I under arrest?"
You are under arrest
if he say yes,
refuse to let you leave,
want to bring you to the police station
Note down his police number
Ask for the reason for the arrest
Police cannot arrest you unless they notify you of the reason
Do not resist arrest.
Do not reveal any other details
Find out location of station you will be brought to
Call or inform relevant parties

If no, um, ah,
... walk away, ignore his threats

What to do when brought to police station

Ask to see a lawyer
Refuse to answer
Say you will only give your statements in court
Give vague answers
Anything you say in the station can be used against you in court
Stay calm. Be patient
Try to recall every detail up to your arrest.
Remember faces and names of officers
Lawyers & friends are ready to help

What to do when released from police custody

Make sure all your belongings are returned
Make a police report if hurt before or during arrest
If hurt, go for immediate body check-up at a hospital
Trace every details, and tell it to your lawyer, media or voice recorder so you don't forget when you are questioned in court later
Do not be deterred by this experience