Right of the arrested person: Reform: There was no full protection or safeguard for the rights of the arrested

person in the CPC before, thus the arrested person always relied on the federal constitution in seeking his rights and remedies. Hence, the insertion of section 28A in the CPC is significant as the heading itself gives us a clear intention of Parliament to safeguarding and entrench the rights of an arrested person. This amendment again is made to be consistent with Article 5 of the Federal Constitution. Once a person has been arrested, he has rights to: 1. To be informed of grounds of arrest: Art. 5(3) FC: Where a person is arrested, he shall be informed as soon as may be the grounds of his arrest. In Christie & Anor v Leachinsky (1947), the house of lords held that: An arrested person must be informed of the true grounds of his arrest If the arrested person is not informed of the grounds of his arrest, the policeman may be liable for false imprisonment. The policeman need to inform under the following circumstances: i. The arrested person should know the general nature of the alleged offence for which he is arrested (e.g: if the arrested person is seen stealing a car he should know that he will be arrested for theft) ii. The arrested person himself makes it practically impossible to inform him (eg: he assaults the policeman and he runs away) Technical or precise language need not be used to inform him. The Federal Court, in Abdul Rahman v Tan Jo Kok (1968) reffered to and cited Christie with approval. 2. Right to legal counsel: Art. 5(3) FC also provides that an arrested person has a right to legal advice. Thus right to legal counsel can arise in 2 situations: i. Upon arrest When the person is brought before the magistrate within 24 hours under s. 28 CPC In Ooi Ah Phua v OCCI Kedah/Perlis (1975), the court held that the onus is on the police to deny the legal representation on the ground that interference may encourage the suspect to fabricate stories. ii. During remand proceedings

 In Saul Hamid v PP (1987), Edgar Joseph Jr J held that a person in remand proceedings is entitled to legal representation and the burden lies on the police to prove that there will be interruptions in their investigation. 3. Right to be brought before a magistrate within 24 hours: Art. 5(4) FC: The person arrested shall without unreasonable delay be produced before a Magistrate within 24 hours (for all offences)

Tutorial 4: Search of premises with a warrant: 1. When search warrant may be issued: S.54 CPC S.54(1) CPC (read with s.116 CPC): Provides that the court may issue a search warrant where: i. The court reasonably believes that a person to whom a summons under s.51 CPC or a requisition under s.52(1) CPC will not produce the property or document as required by such requisition ii. Such property or document is not known to the court to be in the possession of any person iii. The court considers that the purpose of justice or of other proceedings will be served by a general search or inspection A search warrant shall ordinarily be directed to the Chief Police Officer of the state or to a named police officer: s.54(3) CPC 2. Power to restrict search warrant: s.55 CPC S.55 CPC: The court may specify in the warrant the particular place or part thereof and the person executing the warrant shall then search or inspect only the place or part so specified. 3. Magistrate may issue search warrant to search for evidence of offence: s.56 CPC If magistrate, upon the information and after such inquiry as he thinks necessary, has reason to believe that an offence has been committed, or any evidence or thing (which is necessary for an investigation into any offence) may be found in any place, he may issue a search warrant to a person to enter and search the place for any such evidence or thing and; Anything searched for and found must be brought before the magistrate issuing warrant, or some other magistrate, to be dealt with in accordance with law. 4. Form of search warrant: s.57 CPC

Every search warrant issued by a court shall be in writing and signed and shall bear the seal of the court Every such warrant shall remain in force for a reasonable number of days to be specified in the warrant Search warrants may be executed in any part of the federation i. In Lam Chiak v PP (1986), a search warrant was issued on 3.11.1984 without period being specified in the warrant. It was executed only on 8.11.1984. High court held that: The requirement of the time period in the warrant is merely directory and not mandatory The execution of such warrant some 6/7 days later was within a reasonable period of time.

5. Magistrate issuing search warrant may attend at its execution: s.60 CPC The magistrate who issued the search warrant may attend personally to see that the warrant is duly executed 6. Magistrate may direct search in his presence: s.61 CPC Any Magistrate, competent to issue a search warrant, may orally direct a search to be made in hi presence of any place 7. Search by police officer: s.116 CPC An investigating officer may search or cause search to be made in any place if he reasonably believes that the person to whom a summons or order under s.51 CPC has been or might be issued will not produce the document. Such officer shall, if practicable, conduct the search himself If he is unable to conduct the search in person, he may order in writing a subordinate officer to search for the specified document or other thing