Arrest and Remand

According to the Malaysian laws there are three instances that would describe an arrest according to the Criminal Procedure Code. First of all, it could be by touching the body of the person to be arrested. Secondly, it could be by confining the body of the person being arrested. Lastly, it could be by submitting by word or action.

Another form of arrest in Malaysia is the common law arrest. In this case, the police officer will state the reason for the arrest and may use force if necessary to restrain the concern individual from going elsewhere.

Under the constitution, one should be informed as soon as possible, the reason for the arrest. This should be in a way that the individual would best understand. This means that one has got the right to ask why he or she is being arrested if not aware. The arrested person should be taken presented to a police station that is nearest.

The arrested individual has got the right to seek legal advice of his choice and until then, he or she has the right to maintain silence.

The arrested individual should be presented before a court of law within twenty-four hours. This does not include the time used between the place of arrest and the Magistrate court.

At times, the individual might be denied the right to talk to counsel or relative especially if it is suspected that they are accomplices to the crime.

Remand and investigations

A suspect might be placed in custody for more than the prescribed twenty-four hours. This is only when the police will require time to finish up their investigations. This order is only issued by a Magistrate and the amount of time should not exceed seven days whenever the crime in question is punishable by less than fourteen years. When it is more than 14 years or maybe death, the remand period should not be more than fourteen days.

To avoid the issue of ‘chain smoking’, there are several amendments that have been made. For thecases punishable by less than 14 years, one can be remanded to a maximum of four days on the first application and three days for the second. For the offenses punishable by death or more than fourteen years, the first application should not exceed seven days and the same applies for the second application.