Pahlawan Volunteers

Negara Kita Tanggungjawab Kita – From Conviction to Action

Police and Your Basic Rights

with 2 comments

Published by The Malaysian Bar Council
in conjunction with TANGKAP
(Tindakan Anti Penyalah Gunaan Kuasa Polis)

Updated:
Download PDF Format: English | Malay

1. POLICE STOPS 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 want to take a statement from you (112/Witness 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 Witness 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 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 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 investigations within 24 hours, the police must bring you before a Magistrate far a remand order to extend your detention beyond 24 hours (Remand Order).

6. REMAND ORDER BY MAGISTRATE AFTER ARREST

6.1 Who is a Magistrate
A Magistrate is a judicial officer. The Magistrate has power to issue a Remand Order to detain you for more than 24 hours.

6.2 Purpose of 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 beyond 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.

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 to contact your lawyer,  the LAC and your family;
  • you want medical treatment because you are sick or have been beaten;
  • if the Police threatened or beaten you during detention;
  • if you had been denied proper food/water/clothing, access to the toilet or necessary medical attention during your detention;
  • whether you had been detained previously, immediately before your current detention;
  • whether the Police 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 period than what the Police asked. Give reasons (examples: “I will co-operate with the Police in their investigation”, “I will be available and will not run away” etc).

7. BODY SEARCH WITHOUT ARREST

7.1 When Police can do so
If you are at a place (example: disco/karaoke/entertainment outlet) where the Police are conducting a raid to look for something there (example: drugs), the Police may detain and search you if they think you have or are hiding the thing being searched for.

This may only be done in the presence of a Police Officer ranked Inspector and above.

7.2 What to do

  • Do not allow the Police officer to put his hands into your clothes or pockets.
  • If you are asked to take out your belongings one by one, each time, say “purse”, “keys”, “ID card” etc.
  • When your pockets/bags are empty, turn them inside out.

7.3 Your rights

  • All body searches must be carried out in a professional manner and with decency.
  • A female can only be body searched by a female Police Officer.
  • If you are forced to strip naked or threatened with a strip search:
    1. Protest;
    2. Remember the Police Officer’s name; and
    3. Lodge a police report after the incident.

8. BODY SEARCH UPON ARREST

8.1 When Police can do so

  • The Police reasonably suspect that you have evidence relating to a suspected offence.
  • You are arrested.
  • The body search must be conducted in a confined place. It is your right to be bodily searched in private.

8.2 Type of Body search
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. May only be conducted with the authorisation of an officer ranked Inspector and above.
  3. Intimate search – to search beyond the mouth, nose and ears. May only be conducted with the authorisation of an officer ranked Assistant Superintendent (ASP) and above.
  4. Intrusive search – to determine the existence of objects etc. in the body. May only be conducted with the authorisation of the Officer in Charge of the Police District (OCPD). Must be conducted by a Government Medical Officer or Medical Officer.

8.3 Your rights

  • All body searches must be carried out in a professional manner and with decency.
  • It is advisable to request that you be accompanied by your lawyer for the search.
  • A female can only be body searched by a female Police Officer.

9. QUESTIONING BY POLICE AFTER ARREST

9.1 Identity of the Police Officer questioning you
Note the name/rank of the Police Officer questioning you.

9.2 Right to remain silent
The Police Officer will first make friendly conversation/talk (example: ask you about your family and friends etc). You are only obliged to give your full name, age, address and occupation (Personal Particulars). Other than giving your Personal Particulars, you have the right to remain silent. Be polite. Do not be afraid to remain silent. This is your right. If you choose to remain silent, say: “I would like to exercise my right to silence”.

9.3 112 Statement by you during investigation
The Police Officer will ask you questions and then write down your answers. The Police cannot threaten or force you into making a Statement. If you have been threatened, beaten or forced, lodge a police report against the Police Officer at the first opportunity. This is your right.

9.4 112 Statement is not to be used as evidence
Generally, any Statement you make to the Police during investigations cannot be used as evidence except if you are being charged for offences under, for example, the Dangerous Drugs Act, the Kidnapping Act and the Internal Security Act. However, you may use the Statement to support your defence during your 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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Written by PahlawanVolunteers

November 19, 2009 at 1:25 am

Posted in Barisan Rakyat

2 Responses

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  1. this is very good
    In Iran where Islam is the rule…there is no such help, they are seeking out and arresting believers in Jesus, putting them directly into prison and hanging them.

    remember what happens in Iran..well will happen in Malaysia..be ready and know the facts;

    a promise is only as good as the one that makes it..or his followers!

    It is clear…Isalm has no problem changing it’s words. They force others to do what they intend not what they say…what they force and want.

    In countries like Iran where Isalm has control, those that Believe Jesus, are put in prison and hung.

    As long as those that live around Islam ’submit’ to it, then Islam will take more and more control.

    Even in Islam, if one speaks against the extreme Muslim they are killed too.

    interesting Allah may be used by both.

    Messiah Jesus on knowing Allah/God says in Revelation 1:1 chapter 1 verse 1 and 3:19&20; the Words of Messiah Jesus given from heaven.”

    “I love you, and ask you to repent from your sins, quickly. Behold I am at your heart’s door knocking to come in, if you ask me in, i will begin fellowship/friendship/sup with you and you with me.”

    I prayed, “Thank you Messiah, help me and I am sorry for my sins, even one lie, come into my heart and be my friend, amen.”
    At that point I knew new life and amazing grace.

    Isaiah 53rd chapter predicted that the Messiah would die with the wicked as a lamb for our sins and be rejected. and that he would be burried with the rich, and see his believers.

    One’s Allah says to kill those that come to believe what Messiah Jesus teaches; Mercy killing for Allah.

    why some believes Messiah Jesus,, who states “I and my father are one” If you have seen me you have seen the father.” Gospel of John
    “If any man adds to my words, they shall have plagues put upon them.”
    the closing of the Bible; Revelation 22 last chapter verses 13-16

    davidaisrael

    March 13, 2010 at 8:03 pm
    In this Islam holds to an idea that Jesus is simply one more prophet in the line of God’s prophets (Yet who is the one and only Messiah, who is coming back to reign? the most important one!)
    Islam rejects the promises of the book according to what the ‘angel’ or deamon/fallen angel told illiterate Mohamad…not to hold to an idea that Jesus is the fulfillment of the prophecies of the Old Testament.
    Whom will we believe?..the one who at over 40 years old said the angel told him this and also to marry a 6 year old little child Aisha to make him the greatest pedo leader (some say it was ok in that day; while Muslim girls sold to old men are trying at 8 years old to get divorces in the Islamic courts today. This is the same angel, who also said go and kill non believers for Allah?
    When Messiah Jesus to be as Adam and Eve, one man for one woman (not little child yuk hix hix)
    Messiah said to love others as you love yourself, and to share the good news/gospel to help others change.

    the predictions of the Jewish Scriptures … Who then will be the Messiah to be made very high yet to be rejected to die as a lamb for our sins. to die with the wicked and be burried with the rich. Isaiah 52 last paragraph prediction and chapter 53.

    The Muslim missionary literature interprets references to the coming of the Holy Spirit (Parakletos) to Mohamad, yet Mohamad does not claim to be the Messiah or the Holy Spirit.
    Messiah Jesus says he will send the Holy Spirit who will be in us, in John’s Gospel chapters 14 & 16, as referring to another human comforter, Muhammad, rather than to the coming of the Holy Spirit. This argument was part of what apparently is important to Islamic missionary need – to prove that in fact the New Testament predicted the coming of Muhammad. It also denies Acts 2 event of Pentecost or the role for the Holy Spirit in the life of God’s people.
    The literature claimed that no one in all of history could be the promised Comforter of John 14:16 except for Muhammad.
    Easy to see how those that believed him about marrying a 6 year old little child Aisha would believe Mohamad’s angel..that he is the holy spirit, that enters the believers in Messiah Jesus.

    I am kicked out of Judaism, for believing that Jesus is the Messiah!
    Who will you believe…?

    davidaisrael

    March 13, 2010 at 8:42 pm
    interesting to compare the promises of yes we will teach equal time to each
    ..then no (we lied), we will not allow teachings of Messiah Jesus.

    Mohamad said to learn the teachings of Jesus who is the only Messiah and coming back to rule over the earth.
    Whose mother Mary is the most blessed of all women.

    Yet, he says Jesus was just a prophet, and that he Mohamad was greater than Jesus and is the Holy Spirit that Jesus promised to send and came to fill the believers in Messiah Jesus; John chapters 14 and 16 and acts chapters 1 and 2.
    Mohamad was…forgetting that he had said that Jesus is the Messiah. and Mary, not his own mother, was the most blessed of all women.
    which means as she cried for her son on the cross, and cried as she went to his tomb, if Islam is right and Jesus did not as predicted die as a lamb for our sins *(Isaiah 53) that…Mary had to be insane to cry over the wrong person thinking it was Jesus, yet they believe she is the most blessed of all women???

    Islam says it is ok to marry a little girl child…
    Islam says it is ok to kill infadels
    Islam says if you write and say anything against Islam you are to be killed

    Jesus says; to marry one man to one woman all the way back to Adam and Eve.
    to love your enemy and give them water to drink
    Gospel of John
    Whom will we chose to expect the truth from
    Islam or Messiah Jesus?

    We will tell the truth, and treat you fairly? Who will you believe???

    davidaisrael

    March 13, 2010 at 8:56 pm
    this is a great let down, but look up…truth can in other places and will still be told..but it may cost us our lives… see chickpublications.com
    in 66 languages and teaches Messiah Jesus and comic easy to read, and about Islam too.

    I am born Jewish, and came to believe as the Catholic Charismatics prayer taught me to let him into my heart and not just my head….

    they and Islam says that Jesus is the Messiah.

    davidaisrael

    March 13, 2010 at 9:09 pm
    Islam does not fear fairytales..they do not hang people for teaching about Mickey Mouse…they fear the truth.
    read II Corinthians chapters 7&8
    I have many Malaysian friends some are Muslim, some are other beliefs, some are Muslims that have come to know the Messiah Jesus.

    In your country, if you teach the truth you go to prison, where you can teach about Messiah Jesus.

    in other countries like Iran, you are arrested for just being a believer in Messiah, and many are hung for it.

    Rejoice to suffer for Messiah, it is the last days, and we have the greatest opportunity today.

    In my country a Jewish man put a 38 pistol/gun to my face and said, “If you say one more word about Jesus being the Messiah, I will blow your head off.”

    I told him, “Unless Messiah Jesus let’s you, you cant even pull the trigger.”

    he put the gun down, and put it in his car and came back to talk to me. hehe

    live for what you believe,
    make underground teaching, and fear not, “Fear not for I/Messiah Jesus, have over come the world. In this world you will have tribulation, but Fear not.”

    davidaisrael

    March 14, 2010 at 1:27 am

  2. Appreciated whoever took the time to transcribe the book onto this blog post. Much thanks.

    ywcgabrielle

    July 18, 2010 at 2:34 am


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