A bit long but you should know

RED BOOK (BAHASA MALAYSIA) Your rights when arrested Malaysian Police

1. POLICE STOP

1.1 No Dress Uniform Identification Request

If he was not in uniform, ask him to show identification. Say, "Please show your card Police Authority."

1.2 Police Powers Cards

Red: the police officer suspended. He has no power to do anything against you. You may be gone from there.

Other Colors:

• Blue: the rank of Inspector and above.
• Yellow: the rank of Inspector.
• White: Reserve Police

Please note the name and card number Its power.

1.3 Dress Uniform

Please note the name and ID number on his uniform.

1.4 Police Patrol Vehicles

Please note the registration number of patrol cars or motorcycles may be.


2. POLICE STOP YOU IN YOUR interrogation

2.1 Personal PengenaIan

Just give the name, identity card number and your address.

2.2 The police asked other questions

Ask politely, "I'm being arrested?"

2.3 Are you being arrested

You are arrested when police:

• answered "yes", does not allow you to pass / want to take you to the police station, or
• handcuff you.

If you are arrested, you can pass / refuse to follow him to the police station or anywhere, if requested.

2.4 When you can not be captured

Police can not arrest you just because you are a potential witness and they want to take a statementfrom you (Statement 112/Saksi).


3. QUESTIONING BY POLICE ARREST WITHOUT

3.1 Statement 112

While the police are investigating a case and believe you have information / knowledge about the case, the police may interrogate you and
post all your answers (Statement 112).

3.2 Request for Official / Unofficial

Normally, the police made no official request that you provide Statement 112. If the place and time convenient for you,you can work together. If not, tell the Police you will work in a place and at the appropriate time. If you refuse to cooperate, police could issue a formal instruction in writing, signed by an Investigating Officer (Police Officer)require you to work. If you do not comply with police instructions, you will not be arrested. Notwithstanding , however, it was a mistake and the police canapply to the Court to issue a warrant terhada you urge you to work.


3.3 Make a Statement 112

In making the statement 112, you can refuse to answer any question / silence if the answer is likely to expose you to criminal offenses.

• Bring along your notebook or writing paper (Personal Notes).
• Record in your Personal Notes all the questions asked.
• Make sure that you understand every question asked.
• Take your time and think carefully before writing your answersin your Personal Notes.
• Rehearse 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 carefully all your questions and answers written by the police officer concerned.

• Compare your statement to be signed with a note of your Personal.
• You have the right to make corrections / amendments to the statement before signing.
• Lower right hand under the last sentence of your statement.

4. POLICE ARREST YOU


4.1 Ask: "Why am I arrested?"

An arrest to be valid if you have not told the reason arrests.

4.2 Do not resist when arrested

Police have the right to use reasonable force during arrest you if you resist.

4.3 Ask: "Police Station where I will bring?"

Police officers carrying out the arrest must immediately take you to the nearest police station and not vice versa.

4.4 What should you do when arrested

You have the right to make a phone call to:

1. Family or friends and / or
2. A lawyer.

You also bolah contact the Legal Aid Centre (LAC).

Tell them:

• you have been arrested;
• time, place and reason were arrested;
• Police Station where you will be taken.

4.5 What happens after arrest

You can be detained for up to 24 hours

• At the police station, or
• In the lock-up to "assist" police investigation.

5. YOUR RIGHTS AFTER ARREST AND WHILE IN DETENTION

5.1 The right to consult a lawyer

Once you request the presence of a lawyer, you have the right to negotiate with lawyers at the Central Police. The police must provide the facilities
reasonable time and reasonable for you to meet and talk with the lawyers. The police, however, be denied this right, if you delay the questioning could lead to another crime or cause harm to others.

5.2 Clothing

You may have one set of clothes with you while in the lock.

5.3 Personal belongings

The Police must record all your personal belongings and put them in safe custody. Your personal belongings should be returned to you once released.

5.4 Welfare

You are allowed to shower twice a day. If you fall ill, you are entitled to receive medical treatment immediately. You should be given food and drinks are reasonable and sufficient time in detention.

5.5 How long does the police may arrest you

The police can only detain you for up to 24 hours for investigation. Police task is to complete the investigation within 24 hours and release you immediately. If the
Police can not complete an investigation within 24 hours, thepolice must bring you before a Magistrate to obtain a remand order to extend your detention beyond 24 hours (Remand Order).


6. REMAND ORDER BY MAGISTRATE AFTER 24 HOURS


6.1 Who Magistrate

Magistrate is a judicial officer has the authority to make the Remand Order to detain you for more than 24 hours.

6.2 The purpose of Remand Order

To provide more time for police to complete the investigation and decide whether there is evidence to prosecute you for any one offense. The police can not apply for a Remand Order only to take statements from you.

6.3 How long is the Remand Order

When the police take you before a Magistrate to apply for a Remand Order, the police must givereasons to the magistrate why you should be detained for more than 24 hours.
Magistrate task is to consider carefully the reasons given by the Police.

Magistrate has a discretion:

• to not allow the Remand Order, and then release you, or
• Remand Order allowing for a longer period shorter than that requested by the Police.

A magistrate has power to allow the Order of Remand is less than 4 days or 7 days depending on the type of offense under investigation.

The police can apply for a second after the conclusion of a Remand Order Remand Order first.Magistrate may permit the Order of Remand second for a period not exceeding 3 days or 7 days
depending on the nature of the offense being investigated. 

6.4 What should you say when you are brought before a magistrate for the remand

Tell the Magistrate:

• you want to be represented by a lawyer and you want to contact a lawyer, legal aid centers and family;
• if you want medical treatment because you are sick or have been beaten;
• If the police have threatened or hit you while in custody;
• If you have not given food / drink / clothing or medicine proper and adequate time in detention;
• if there had been detained before the latest arrest you;
• whether the police were carrying out any investigation during the detention

Apply 6.5 to the Magistrate gave a brief Remand Order

Before the Magistrate concerned to make the Remand Order, please remand period is shorter than that requested by the police. Give reasons (for example: "I will cooperate
with the police in their investigation, "" I can be contacted at any time and will not run away ", etc).


7. ARREST WITHOUT BODY

7.1 When will it be done

If you are in one place (for example: disco / karaoke /entertainment center) in which the police conduct raids to find something (eg drugs), the Police may stop and
check if they think you have, or are hiding things that are being sought. This can only be done in the presence of a police officer above the rank of Inspector and above.

7.2 What to do

• Do not allow the Police Officer put his hand into the pocket of your garment or / your pocket.
• If you are asked to remove your personal belongings one by one, each time called "wallet", "key", "Identity Card", etc..
• When the pocket / pockets / bags were emptied, turn the pocket /pockets / bags.

7.3 Your Rights

• All inspections must be conducted in a professional bodyand polite.
• A woman can only be searched by a female police officer.

If you are forced / threatened to strip:

• Dispute;
• Remember the name of the Police Officers and
• Make a police report after the incident.

8. ARREST AFTER BODY FORCE


8.1 If the Police can do so

• The police reasonably suspect that you have evidence on the suspected offense.
• You are arrested.
• Inspection bodies must be conducted in enclosed areas. You have the right to be body searched at the place closed.

8.2 Types of Inspection Agency

The law allows police to four types of inspection bodies: -

1. Pat inspection body from top to bottom

- Examination of the external garment.

2. Inspection without clothes - to look for evidence, objects, goods or weapons forbidden. Can only be conducted with the permission of an officer of the rank of Inspector and above.

3. Inspection difficult - other than looking in the mouth, nose and ears. Can only be conducted with the permission of an officer above the rank of Assistant Superintendent (ASP) and above.

4. Internal inspection - to determine the existence of objects , etc.. in the body. Can only be undertaken with the consent of the Chief of Police District (OCPD). Shall be conducted by a Medical Officer or Medical Officer of Government.


8.3 Your Rights

• All inspection bodies must be conducted in a professional and courteous.
• You are advised to request accompanied by a lawyerduring the inspection.
• A woman can only be searched by a female police officer

9. QUESTIONING BY POLICE AFTER ARREST


9.1 Identity of the police officer interrogating you

Please note the name / rank of the police officer interrogating you.

9.2 Your right to remain silent

Police will often mingle in advance (for example: asking about family and friends etc..) You onlyneed to provide your full name, age, address, and your job
(Information-Personal Information). In addition to personal information,you may elect to remain silent. You should be polite. You need not fear to remain silent. It is your right. If you
chose to remain silent, saying, "I want to use the right to silence me. "

9.3 Statement of your time in the investigation of 112

The police will ask you questions and then write down your answers. Police can notthreaten or force you to give a statement. If you are threatened, beaten or forced to, make a police report against the police officer concerned immediately. It is your right.


9.4 Statement 112 can not be used as evidence / proof

In general, any statement you make to the police during interrogation may not be used as evidence / proof unless you are accused of offenses under, for example, the Dangerous Drugs Act, Kidnapping Act and the Homeland Security. However, you can use your statement to support your defense at trial.

CENTRE FOR LEGAL AID / LEGAL AID Centres (LAC)

• Kuala Lumpur: 03-2691 3005 / 03-2693 2072
• NSW: 03-5510 7007 / 03-3281 2428
• NSW: 06-6013 844
• Melaka: 06-2845 519 / 06-2864 514
• Johor: 07-2235 698
• Silver: 05-2550 523
• Kedah & Perlis: 04-7333 467
• Kelantan: 04-7448 660
• NSW: 09-5159 244 / 09-2969 410
• Pulau Pinang: 04-2617 451 / 04-3108 451

This article was originally reported by RAVINSINGH in Malay Language.