It’s a New Year and where everyone is celebrating and welcoming the year of 2012, out of nowhere, some police personnels approach you and say to you, “You’re arrested!” Or maybe you’re driving on the road, and some police officer stopped you and arrest you. Before long, you’re handcuffed, and brought to a police station. You’re stunned, caught in surprise and worry that what may happen to you in the next 24 hours or the years to come. You start asking yourself what you have done wrong or why the police arrested you. You start thinking whether your closest relative or friends know your whereabouts and if they’re waiting you for dinner or party, they might start worrying about you and your whereabouts.
This incident of being arrested by police happens every day, not only on New Year occasion or on any special occasion. It can happen at any time, anywhere, without first being warned. As under Section 23 of Criminal Procedure Code (CPC) Malaysia, a police can arrest a person without warrant when there is a reasonable complaint, credible information or there exists reasonable suspicion that a seizable offence has been committed.
… clarify their identities as police officer…
If you’re being stopped by police and they want to arrest you, the first thing you should do is to clarify their identities as police officers. As there are growing cases of bogus cops nowadays, it is essential for you to clarify their identities either by their uniforms or police identity cards before you act further. Check their ranks, their names on uniforms and whether they tally with their identity cards. The last thing you want to happen is you meet a bogus cop and you’re being robbed
by them!
… ask them what you’re being arrested for…
Next, ask them what you’re being arrested for, or the grounds of arrest. As under Article 5(3) of our Federal Constitution (FC) and Section 28A of CPC, an arrested person must be informed of the true grounds of arrest. If they present themselves in front of your house, ask them whether they have a Warrant of Arrest together with a Search Warrant, although in certain cases these may not be necessary. If they produce these warrants, check the particulars of the warrants to determine whether they make correct reference to you.
… remain silent and request for legal representation…
At the police station, always remember that you have the right to remain silent when being questioned. Further, always request for legal representation before you answer to any of their questions or interrogations. Although the police have lawful right to deny you legal representation for fear of jeopardizing their investigation, if you request for legal representation and are being denied, you have better position when the police have to justify their denial of legal representation when you’re being charged in court later. This may be favourable to your case.
… inform your immediate family or friend…
Also remember that you have right under Section 28A of CPC that you can inform your immediate family or friend that you’re being arrested and are held in police station.
… get a legal representation during the remand proceeding…
Under Section 28 of CPC, police must within 24 hours bring you to a Magistrate for a remand if they cannot complete the investigation within 24 hours. Here, you could be remanded up to 4 days or 7 days and a further 3 days or 7 days in a second remand, depending on the nature and type offence. Nevertheless, it is wise for you to get a legal representation during the remand proceeding. If the police deny you legal representation, voice out your right and the denial to the Magistrate or the Court’s Registrar who hear your remand proceeding.
The last thing you want to happen here is being remanded for the maximum number of days, without legal representation and not knowing what will happen in the police lock up. A lawyer in the remand proceeding if cannot reduce the number of days being remanded, can definitely oversee the procedure and ensure you’re being well treated. You wouldn’t want to be forced to admit an offence you have never committed, and have your admission under coercion being used as evidence against you in the later proceeding.
These rights may seem to be pretty basic for us, but sometimes we do forget these basic yet fundamental rights when we are caught in this situation. However, you only need to remember one thing and this one thing may save you a few years time of imprisonment or a thousand of havoc – that is, call your lawyer or engage a lawyer if you’re being arrested. A good criminal defence lawyer will ensure that the police exercise their power correctly and you’re being treated fairly in the investigation.
Remember, our country always uphold the notion of innocent until proven guilty.
