WITHERING AWAY RIGHTS OF THE ARRESTED
11/12/14
WITHERING AWAY RIGHTS OF THE ARRESTED
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For an questions concerning this page tr to contact the respective author. (To report an malicious content send the URL to oocities(at gmail dot com). For question about t archive visit: OoCities.org.
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WITHERING AWAY RIGHTS OF THE ARRESTED
The recent Practice Direction of the Chief Justice Bil 3/2003 may cause the further withering away of the constitutionally guaranteed rights of the arrested person as stated in Art. 5(3) and
Art 5(4) of the Federal Constitution.
Article 5(3) provides that “Where a person is arrested he shall be informed as soon as may be of the grounds of arrest and shall be allowed to consult and be defended by a legal practitioner of his choice.” Whilst Article 5(4) provides that “Where a person is arrested and not released he shall without reasonable delay, and in any case within twenty four hours (excluding the time of any necessary journey) be produced before a magistrate and shall not be further detained in custody without the magistrate s authority.
Section 117 of the Criminal Procedure Code reiterates this production before a magistrate within 24 hours. This reason for the production before a Magistrate is for the purposes of applying for a further remand order for the purposes of completing police investigations.
Section 117 until 120 also deals with the procedure and requirements that need to be satisfied before a Magistrate grants a further remand order.
It must be remembered that in Malaysia, a person arrested and detained by the police have got NO right to one phone call, and hence there is no way a person arrested can contact his lawyer, his family and/or his friends. There is also no right of access to lawyer and family when the person has been arrested and detained. There are times
WITHERING AWAY RIGHTS OF THE ARRESTED
This Page is an outdated, user-generated website brought to ou b an archive.It was mirrored from Geocities at the end of October,
For an questions concerning this page tr to contact the respective author. (To report an malicious content send the URL to oocities(at gmail dot com). For question about t archive visit: OoCities.org.
BACK TO MALA SIA & HUMAN RIGHTS HOMEPAGE
BACK TO SELECTED WRITINGS PAGE
WITHERING AWAY RIGHTS OF THE ARRESTED
The recent Practice Direction of the Chief Justice Bil 3/2003 may cause the further withering away of the constitutionally guaranteed rights of the arrested person as stated in Art. 5(3) and
Art 5(4) of the Federal Constitution.
Article 5(3) provides that “Where a person is arrested he shall be informed as soon as may be of the grounds of arrest and shall be allowed to consult and be defended by a legal practitioner of his choice.” Whilst Article 5(4) provides that “Where a person is arrested and not released he shall without reasonable delay, and in any case within twenty four hours (excluding the time of any necessary journey) be produced before a magistrate and shall not be further detained in custody without the magistrate s authority.
Section 117 of the Criminal Procedure Code reiterates this production before a magistrate within 24 hours. This reason for the production before a Magistrate is for the purposes of applying for a further remand order for the purposes of completing police investigations.
Section 117 until 120 also deals with the procedure and requirements that need to be satisfied before a Magistrate grants a further remand order.
It must be remembered that in Malaysia, a person arrested and detained by the police have got NO right to one phone call, and hence there is no way a person arrested can contact his lawyer, his family and/or his friends. There is also no right of access to lawyer and family when the person has been arrested and detained. There are times