INTRODUCTION TO CRIMINAL JUSTICE SYSTEM

KOLEJ UNIKOP,KUALA LUMPUR

INTRODUCTION TO CRIMINAL
JUSTICE SYSTEM

AUTHOR

M.Jay Raj A/L P.Muresh (MJ)

Bachelor of Law (LLB Hons), University of London

Certificate in Criminology,The Open University
Certificate in Electrical Engineering,University of Birmingham
Physics and Engineering Analyst,AMR Enterprises,
Legal Advisor,Enlight Malaysia
Criminal Law Lecturer
(Unikop College,wholly owned by the Royal Malaysian Police Force Corperation)
KOLEJ UNIKOP,KUALA LUMPUR

All rights of this publication hereinafter referred to as “the guide”belongs to the

respective authors. The author of this compilation does not claim any copyrights
in regards to the materials used for the production of “the guide”.

Source of Reference

UM Criminal Law
CPC
Halsburry Laws of England
Gary NG Revision Notes Criminal
KOLEJ UNIKOP,KUALA LUMPUR

Contents

Introduction to Criminal Justice System

Theories of Punishment

Elements of Crime

Malaysian CPC

Law Enforcement Agencies

  INTRODUCTION TO CRIMINAL JUSTICE SYSTEM

 The legal system in Malaysia is based on a set of written and unwritten laws. Among the
written are: the Federal Constitution together with the constitutions of the 13 states
comprising the Federation, legislations enacted by the Parliament and State Assemblies,
and delegated or subsidiary legislation made by bodies under powers conferred on them
by Acts of Parliament or State Assemblies.

ENFORCEMENT

ADJUDICATION CORRECTION

The unwritten laws are comprised of the principles of English Common law adapted to local
circumstances, case law and local customary law; Muslim law is also an important source of law
applicable only to the Muslim population and administered by a separate system of courts.
ADMINISTRATION OF CRIMINAL JUSTICE IN MALAYSIA

Investigation of crimes and Prosecution of criminal cases in court

PROSECUTION OF CRIMINAL CASES IN COURTS

INVESTIGATION OF CRIMES

The responsibility of the enforcement agencies, namely, the Royal Malaysian Police, Anti
Corruption Agency, Royal Customs and Excise, Securities Commission, Central Bank of
Malaysia etc. whilst prosecution is solely in the hands of the Attorney General,

LAW ENFORCEMENT

The nation's police force is headed by an Inspector General of Police, his Deputy and seven
Directors of Divisions, namely: the Management Department, the Criminal Investigation
Department, The Special Branch, Security and Public Order, and the Logistic Management, the
Crime Prevention and Community Policing Department and the Disciplinary Department. The
Inspector General of Police is responsible to the Minister of Home Affairs.

THE POLICE TASKS

The police force performs the duties of preventing crime, protection of the general welfare of the
people, investigating and detecting crime, identifying and apprehending offenders, and
prosecuting criminals. The force also has to perform the onerous task of jungle operations,
tracking down undesirable elements, investigating the smuggling of drugs, arms, and other
contraband items.
The Prison Department of Malaysia is the last chain of the Criminal Justice System in
Malaysia. It is responsible for detention and rehabilitation / correctional activities for
people who have been charged in the court of law.

Crime Prevention Strategies

Some of the preventive and enforcement measures undertaken by the Royal Malaysia Police
are:
1. Target-hardening related activities
2. Community involvement in crime prevention

Investigation of Criminal Cases

In Malaysia, most of the penal provisions are contained in the Penal Code. The Code declares
what acts or omission are offences and also provides for its punishment. It specifies the
circumstances in which an act or omission will be regarded as an offence. This includes act or
omission done intentionally, knowingly, voluntarily, fraudulently or dishonestly
Conduct of Investigation

As soon as the information is received, the investigating officer shall send the first information
report to the public prosecutor.
The investigating officer will normally straight away carry out the investigation. This includes the
making of enquiries on the spot and the visit of the crime scene. The offender has to be traced
and arrested. There are four categories of persons who may affect arrest, namely, the police
officer, the Penghulu, the private person and the magistrate. Section 23 of the CPC allows a
police officer to arrest without a warrant for any seizable offence committed anywhere in
Malaysia

The Malaysian Juvenile Justice System

According to Articles 37 and 40 of the Convention on the Rights of the Child (1989), children in
conflict with the law have the right to treatment that promotes their sense of dignity and worth,
taking into account their age and their reintegration into society

The Ministry of Women, Family and Community Development to develop a more holistic
solution in addressing matters relating to children in conflict with the law. This includes diversion
(directing children away from judicial proceedings and towards community solutions), restorative
justice (promoting reconciliation, restitution and responsibility through the involvement of the
child, family members, victims and communities), and alternatives to custodial sentencing
(counselling, probation and community service). In addition, there is a need for a multi-
disciplinary approach and for proper recruitment and training of personnel who work with
children.

Child Victims/Witnesses

In the Malaysian Justice System, The Malaysian Child Act 200131 defines a „child‟ as any
person below the age of 18. This definition acquiesces to the provision of the United Nations
Convention on the Rights of the Child (UNCRC), which Malaysia have signed.

The Human Rights Commission of Malaysia (SUHAKAM) has suggested that a terminology of
words denoting a „child‟, including „young person‟, „juvenile‟, „infant‟ and etc. in other legislations
need to be in consistent with the Child Act 2001. This need of standard definition is more
significant in defining child witnesses, as it would determine the group who are entitled for
special measures to be the same as those protected under the Child Act 2001
PROTECTION ACT

Reform of law and procedures have been significant in the success of applications for victims of
domestic violence especially for women and children.
The establishment of the WAO and the setting-up of the first centre for protection and shelter of
abused women in Malaysia in 1982 pioneered the development of the reform process on
domestic violence issues.

It took an eleven-year effort through various workshops, campaigns and negotiations before the
implementation of the Domestic Violence Act 1994 (DVA 1994)47 on the 1st of June 1996.
Under the DVA, there are two types of protection the victims can ask for:
1. Interim Protection Order
2. Protection Order
3. Other orders

Theories of Punishment
 The traditional view is that there r 4 theories of punishment. They r:
(a) Retribution
 As indicating vengeance, it is to strike back at criminals, an eye for an eye basis
 The desire for vengeance is strongly felt at 2 levels: 1st, relieves victim or his
relatives need for vengeance n protects them from having to resort to private
retaliation. 2nd, the public itself has a need for vengeance
 All person owe duties to others not to infringe their rights. By committing a
crime, the offender has gained an unfair advantage over all the others. So, the
offender deserves reserve punishment to destroy his unfair advantage
 The courts must also show its abhorrence of particular types of crime by the
length of the imprisonment sentences

(b) Deterrence
 The aim is to deter people from committing crime
 For individual deterrence, the person is deterred as a result of his unpleasant
experience; while for general deterrence, the punishment servle n a threat to
others
 Sometimes, the court will pass exemplary sentences which is higher than the
usually. It is in order that others would be dissuaded in the future from
committing similar offences. It involves certain unfairness to the accused

(c) Incapacitation
 Society needs protection from dangerous criminals, who r likely to re-offend
 Thus, society is justified in taking steps to protect itself from the danger
 There r 3 ways to incapacitate offenders: (a) life imprisonment; (b) mandatory
minimum sentences; (c) longer periods of imprisonment
 Another form is an order of police supervision which its sole purpose is to
ensure that in the interest of public security
 The person subject to the order is obliged to report once a month to the police,
 this can let police to exercise some measure of control over the activities of
persons

(d) Reformation
 The purpose is to try n reform the offender, so that he can resume a normal n
useful role in society
 Reformative sentencing is generally favoured in the public interest, it could be
best served by helping the offender turn from criminal ways to honest living
 It is suitable for young offenders, persons with no previous bad records n for
those persons involved in the commission of trivial offences

Elements of a crime
Actus Reus

 Criminal liability can only attach where there is an act or conduct on the
accused’s part
 Under s33, the word ‘act’ denotes a series of acts n a single act, while s32
extends the meaning of act to include illegal omissions
 The act must be voluntary and the mind must be in control of the movement

Involuntary conduct
 If the person has not ‘acted’, there is no actus reus. They r protected with the
defence of automatism
 Such involuntary conduct may result because of:
(a) External cause
 Physical compulsion
 Reflex movements of an external origin
 Concussion
 Unconsciousness
(b) Accused’s own fault
 The law will not allow the accused to hide behind the defence of automatism, if
the conduct is caused by his own fault, for example, failing to eat insulin
 The only possible defence for any acts of an involuntary nature is insanity under
s84
 In Sinnasamy v PP, the court held that the A acted on an irrestible impulse n it
was no defence. The only defence is the state of automatism, which a person
will not be conscious at the time
 In Re Pappathi Ammal, the court ruled that somnambulism would constitute
unsoundness of mind attracting s84
(c) Disease of mind
 The relevant provision is that of unsoundness of mind under s84, when the
involuntary act resulted from a mental impairment
 The verdict is not guilty by the reason of unsoundness of mind, but he is
detained in safe custody

Omission
 S33 includes omission to acts, but it only illegal omissions that attract criminal
liability
 Illegal is applicable under s43, to everything which is an offence, or which is
prohibited by law or which furnishes ground for a civil action n a person is said
to be legally bound to do whatever it is illegal in him to omit
(a) Contract
 R v Pittwood
F: the accused, a railway gatekeeper employed to keep the gate shut whenever a train
 passed along. On that day, he left the gate open with a result a train hit a car crossing
the line
H: there was negligence, as the accused was paid to keep the gate shut n protect the
public
(b) Special relationship
 If a person is helpless n unable to look after himself, the person control over
him must look after his requirements n to see that he is adequately fed

 Om Prakash
F: a husband starved his wife by omitting to feed her n denying her permission to leave
house
H: the victim wife was being confined n being deprived of regular food, the responsibility
of the accused for the condition to which the wife was brought was clear
(c) Creation of a dangerous situation
 R v Miller
F: A squatting in someone‟s house lit a cigarette n fell asleep. The cigarette dropped
onto the mattress. A did nothing when he woke up n saw the mattress smouldering, n he
went to another room to sleep again. He was rescued as the house caught fire
H: the appeal was dismissed. When the event was a result of his own act, he did not try
to prevent or reduce the risk of damage by his own efforts
(d) Furnishes ground for a civil action

Prohibited Act or Result

 There r 2 types of liability of conduct:
(a) Conduct crimes: criminal liability is imposed simply because the accused
has done something that is prohibited by law/ the actions have no result, for
example, possession of dangerous drugs
(b) Result crimes: requires the conduct of the accused to cause a prohibited
result. Example, death
 Conduct that is prohibited by law must be distinguished from conduct which is
prohibited by rules of religion, rules of morality, n rules of ethics of
organizations

Mens Rea

 Criminal liability is only imposed upon a blameworthy actor whose conduct has
caused a forbidden harm. Blame n punishment were only justified if a person
had chosen to commit a crime
 The process of choosing to break the law is a mental process. Such morally
blameworthy state of mind is mens rea
 Mens rea does not refer to any single state of mind, there r varying degree of
mens rea, which are:
(a) Intention
 Intention is not defined in PP, but it is observed helpful to ask: (i) how probable
was the consequence which resulted from the accused’s voluntary act; (ii) did he
foresee it
 Anything less than foreseeing a consequence was even virtually certain, would
not then amount to intention but only to knowledge or recklessness
 Intention is often difficult to prove. Therefore, it is inferred from the
surrounding circumstances n the acts of the person
 In case of Nedrick, the court held that intention can be proven if the accused
was virtual certainty to know that his act will cause the victim to die
(b) Actual Knowledge
 Knowledge is to know a thing with cognition of it; while to believe is to assent to
a proposition or affirmation or to accept a fact as real
 Where an inference is more or less certain, we say it is based on knowledge,
where it is only probable, it is based on belief
 S26- a person is said to have ‘reason to believe’ a thing, if he has sufficient
cause to believe that thing, but not otherwise
 In Hamid Ali, the court ruled that if have any doubt, then it cannot be said that
he has reason to believe

(c) Voluntary
 S39- a person is said to cause an effect voluntarily when he causes it by means
whereby he intended to cause it, or by means which, at time of employing those
means, he knew or had reason to believe to be likely to cause it
 A person can be said to act voluntarily when he: (i) intends; (ii) knows he is likely
to cause; (iii) has reason to believe
(d) Rash n negligent
 Culpable rashness is acting with the consciousness that mischievous n illegal
consequences may follow but with the hope n often with the belief that the actor
has taken sufficient precautious to prevent their happening
 Rashness is acting despite the consciousness, it requires the accused to have
considered the possibility of the mischievous consequences occurring but to
have decided to run that risk
 Generally, rashness is more blameworthy than negligence
 Culpable negligence is acting without the consciousness that the illegal n
mischievous effects will follow, the actor has not exercised the caution
incumbent on him
 The standard to prove negligence is the standard same with the civil case, this
was decided in Adnan bin Khamis. But some opine that the standard should be
higher than the civil case, as it is unfair as the criminal sentence involves
imprisonment
 S 304A, 279 n 280 r relevant
(e) Dishonestly
  The word of dishonestly can be found in s209, 415, 247…
 In s24, the definition of dishonestly is to cause wrongful loss to others, while
cause wrongful gain to himself
 Wrongful loss n wrongful gain r defined in s23
 The wrongful gain or loss must involve money or economic
 In case of Ang Teck Hwa, the court held that in order to prove dishonestly, the
accused must have intention to cause wrongful gain or loss, thus he must have
the actual knowledge that his act was wrongful in law
(f) Fraudently
 S25- fraudently means that has intention to defraud, but not otherwise
 It does not need to prove there is wrongful gain or wrongful loss to be happen
 Fraudently does not have to prove deceit or loss occurred, the court held in case
of Seet Soon Guan
 In Li Chuan Pin, the court held that: to deceit is to induce a man believe that a
thing is true which is false, which is to induce a state of mind; while to defraud
is deprive by deceit, which is to induce a course of action
(g) Maliciously
 The term ‘maliciously’ appears in s219 n 220, but it is undefined in Penal Code
 In case of Bromage v Prosser, maliciously means that act which is done with
intention, without reasonable
 R v Cunningham
H: malice requires the act either (1) an actual intention to do the
particular kind of harm that in fact was done; (2) recklessness as
to whether such harm should occur or not (the accused has
foreseen, and yet has gone on to take the risk of it)

Concurrence (Actus reus and mens rea must concur)

 In order to convict a person, both elements of actus rea n mens rea must concur
at the time of committing crime. For example: if A want to kill B. When A drive
his car to B’s house, suddenly he hit a person, B. Although he has the mens rea,
but at that time, he does not have actus rea to kill B
 There r two methods the court tends to adopt:
1. Transaction principle
 The court will look on the whole incident of crime as one transaction, n the
accused will be liable if the death was occurred within the incident
 In Thabo Meli, the accused gave the victim an intoxicant, n the victim lost his
consciousness. After that, the accused hit the victim on his head, n though that
the victim had died. He threw the victim from the hill. The victim died because
of the harsh condition. The court held that although the actus rea n mens rea
did not concur whether the time of the accused hit the victim, or the victim was
threw. The whole incident was seem as a transaction, thus both of the elements
indeed had concurred. The accused was convicted.
 2. But-for test
 The court was more focus on the reason of the death of victim, n the causation
between the first act n second act of the accused which caused death
 In Masilela, the accused planned to kill the victim. He hit the victim, n thought
that he died, the accused burn the house. The victim was in fact died because of
absorbing the smoke. The court held that because of the first act of the
accused, which was the hitting causing the victim could not save himself, the
accused was convicted
 The court opines that the element of mens rea must base on the belief of the
accused but not the fact of the case. In Palani Gouden, the accused hit his wife
until she lost consciousness. Thinking that his wife had died, he hanged her to
pretend she was suicide, but in fact she was died because of hanging. The court
looked on the fact which showed that the accused did not have any plan to kill n
moreover, they both had so intimate relationship. Thus, he was not convicted of
murder

Causation

 An accused person only incurs criminal liability when his conduct is regarded as
the legal cause of the injury or death suffered by the victim
 There is a distinction between a factual cause n a legal cause
 Factual causes r those factors without which the result would not have occurred,
it is an important preliminary step to the establishing of liability
 Causation will only established where the accused’s conduct amounts not only
to a factual but also legal cause
 There must be no break in the chain of causation between the accused’s
conduct n the resulting injury
 It is easy to establish factual causation. But, there is difficulty to establish the
dividing line between causes which r merely factual n those that r also legal in
order to establish criminal liability

Chain of causation

 In the causing of death by rash or negligent conduct, the test of causation

adopted has been a strict one, even though the accused’s conduct was clearly a
‘but for’ cause of death
 Lee Kim Leng v R
F: A’s car collided with a stationary taxi which had stopped without
signal. The taxi had consequently lurched towards the deceased
H: to incur criminal liability under s304A, necessary death should
have been the direct result of a rash n negligent act of the
accused. It must be found as a fact that the collision was entirely
or at least due to the act of the A
  In the cases under s299 n 300, the test of causation was : at the time of death,
the original wound is still an operating cause n a substantial cause, the death
can properly be said to be the result of the wound, albeit some other cause of
death is still operating
Breaking the chain of causation (Novus Actus Interveniens)

 There must be an unbroken sequence of cause n effect between the act n the
injury in attaching liability
 To break the chain of causation, there must be something unreasonable,
extraneous or extrinsic
 There r 3 types of causation cases:
(i) Complications of medical treatment
 Ordinary complications flowing from the original wound stated that it did not
break the chain of causation
 The victim has died despite of careful n skilled medical treatment, will not
exonerate the original assailant from responsibility for the death
 This is consistent with Explanation 2 to s299: where death is caused by bodily
injury, the person who causes such bodily injury shall be deemed to have
caused death, although by resorting to proper remedies n skillful treatment the
death might have been prevented
 Explanation 2 is enough to cover situations where death occurred because the
victim had received inadequate treatment n he might be saved or either that he
had not received any medical treatment
 PP v Aziz bin Mat Shah
H: the court did not accept the submission that if the child had been
bought on time, death was unlikely to occur
 Even a long time has lapsed between the original wound n death, it does not
break the chain of causation
 Yohannan v State of Lerela
H: the accused was guilty as he had the intention to kill his wife n
actually did stab her. Although she died several months later, the
injury factually n legally was the cause of death
 Nga Ba Min v Emperor
F: the deceased was stuck on the head n arm by robbers. She was
admitted to hospital n normally would recover within a fortnight.
But she did not attend daily to hospital n returned to her village.
Because of unskillful treatment, her wounds became septic n lead
to fatal death
H: the accused was not guilty as the deceased’s death was due to her
own ignorance n the unskillful treatment. Her injuries on head
were only the remote cause of death
 The decision on the case above must be distinguished on its particular facts in
view of Explanation 2, as Explanation 2 also covers situation where the original
treatment was itself in some way bad
 Explanation 2 covers even situation where the deceased had been placed on life
support machines which had been switched off after tests indicated brain
damage
(ii) Voluntary conduct n attributes of the victim
 There may be situations where the voluntary intervention of the victim leads to
his own injury or death
 If a man received a serious blow n have been so far out of his ordinary course n
causing a new mischief, then the new mischief will be regarded as the causa
causanti n not the original blow
 In escape or fright n flight situations, the victim dies or is hurt from injuries not
directly caused by the offender
 The voluntary act of the victim may thus break the chain of causation even
though the victim may apparently have very few options when effecting his
escape
 Henderickson
F: a husband had a violent row with his wife who ran outside. He shut the door but didn‟t
prevent her from re-entering the house. She was found dead due to the cold
H: there was a break in the chain of causation as the victim had a choice of options n
would be regarded as having freely chose the cause of action which resulted to death
 Egg shell skull: if the victim suffers from an infirmity n dies from injuries which
would not kill an ordinary person, the accused is considered to culpable
homicide, according to Explanation 1 to s299
 But there is another view which is that since an ordinary person would not have
died, the correct conviction in such case would be for voluntary causing hurt or
grievous hurt n not culpable homicide, for example in the decided case of
Bharat Singh v Emperor
 There is some victims may have certain beliefs that may lead him to refuse
medical treatment
 R v Blaue
F: the deceased was died because of refused to a blood transfusion. The advice of
amputation of finger was rejected n she died a fortnight. The issue was whether the
wound inflicted by the accused was the cause of death
H: those who use violence on other people must take their victims as they find them. The
question is what caused the girl‟s death. The fact that the victim refused to stop this end
coming about did not break the causal connection between the act n death
(iii) Intervention of third party
 This is where the harm to the victim results from an act of a 3rd party, which may
be regarded as the sole cause of the victim’s death
 R v Pagett
F: police was attempting to arrest A for certain serious offence. He
using a girl as a shield n fired on police. The girl died from 3
 bullet wounds from police guns
H: A was convicted guilty

Strict liability

 It is one where the element of mens rea is dispensed with, thus it is an

exception to the rule that proof of blame is a prerequisite to the imposition of
criminal liability
 Thus, proof of actus reus alone suffices for a conviction, however morally free
from blame the D may be
 In some cases, strict liability would promote increased care n efficiency in
setting up a trade or business.
 The court need to decide whether strict liability is imposed when the statute
does not require the element of mens rea
 The court would look on the statute itself n the its purpose to decide what is the
Parliament’s will

Position in Malaysia
 If the statute is vague in its meaning, the court will take the alternative which is
more reasonable
 In the case of Mohamed Ibrahim, the accused is charged in s292 which
possessed the pornographic materials. The accused claimed that he did not
understand the English, thus didn’t have the knowledge about the content of the
books. The court looked on the statute which excludes the necessity of mens
rea, n held that the purpose of statute was to prevent the dissemination of the
pornographic materials, thus strict interpretation was needed. The accused was
convicted
 In Osman b Apo Hamid, the accused was charged to bring more than the limit
of possession of rice. Although he claimed that he was ignorant with the law,
and did not have the knowledge. The court held that the element of mens rea
was excluded, because the purpose of law is to protect the interest of public
interest, which is to ensure the stability of price of rice
 That is a presumption that mens reas is needed for all statutes of criminal,
except that the intention of Parliament is so clear, to protect the public interest
 In Lim Chin Aik, the court help that strict liability also need to look on whether
it help to promote the usefulness of statute, beside of its purpose to protect
interest of public
Malaysian Criminal Procedure Code: Relationships To Forensic Science

Criminal Justice System in Malaysia

Malaysia is a country that is rapidly developing and achieving success after success, but so it is not
immune from facing various criminal acts, committed by individuals who are not responsible.

It is the social responsibility of a government to ensure that its people can live without being in fear of
becoming a victim of crime that happens every day in the country.

To ensure the safety of all citizen of Malaysia, a criminal justice system which is effective and efficient
must be established to ensure that offenders are apprehended, prosecuted and punished accordingly.

The success and effectiveness of the justice system in solving the cases would be a form of hindering
factor to potential offenders from committing offenses, especially for violent crimes.

The criminal justice system can be implemented and provided for all the people with the specific legal
provisions in considerations of various aspects of crime. The provision of the law that is referred is the
criminal law.

Criminal law in Malaysia is divided mainly to the Penal Code and the Criminal Procedure Code. Both of
these legal provisions have been through various amendments to ensure its validity abreast with the
change times.

Criminal Procedure Code or Act 593 is a provision of law that guide on the legal procedures to be
followed to bring offenders to justice. This legislative procedure starts from reporting a crime to the police,
the investigation and the trial in court, so that the perpetrators of crimes punishable based on their acts.

Although the number of cases brought before the court is increasing trend but not all of these cases will
result in a conviction.

The defendant may be innocent or there may not be enough available evidence sufficient to prove guilt
beyond a reasonable doubt.

Besides, despite the cases presented at court there are also criminal acts that occurs with leaves dead
people but no arrests were made due to various factors especially lack of evidence or appropriate leads.

Malaysian at general will never able to forget the heinous crimes that have yet to be resolved. Among the
cases is the murder of Nurin Jazlin 2007 or the disappearance of the Sharlinie Mohd Nashar to name few.
These cases are still unresolved while more similar extreme cases are reported in a daily basis.

It‟s a deniable fact that Malaysia‟s legal system is a comprehensive system, but despite that the
authorities have not been able to resolve all criminal cases that is reported. How can this situation be
improved and indirectly reduce the number of crimes, in particularly serious crimes.

Forensic science has opened a new chapter in the criminal justice system in which scientific knowledge
can be used to analyse the evidence obtained from the scene, the victim or the offender to obtain
conviction beyond reasonable doubts.

Forensic Science and criminal justice system

 The biggest advantage of forensic science have is connecting science to the law. Forensic science has
grown to higher and advanced level with the introduction of various new analysis techniques that will
greatly assist law enforcement authorities, especially the police in solving crimes. Some of the techniques
commonly used in the investigation of a case are as follows:

 Fingerprint examination
 Analysis of foreign material in the sample (blood, saliva and body fluids)
 Analysis of DNA profiles
 Analysis of forensic odontology
 Forensic anthropology
 Analysis of blood
 Analysis of tissues
Then the analysed evidence will provide an accurate information and scientific based interpretation to be
used in the investigation of the police and will be submitted to court to get a conviction on the alleged
offender.

Information obtained by specialized techniques can give clear background information of the scene of a
crime. Obtained evidence can also link the suspect to the victim, the crime scene and / or weapons. For
example semen stains found at the scene of crime and the private parts of the victim or on victim‟s
clothing can relate to the victim and perpetrators to the rape scene.

Even the scientific evidence can also be used to determine whether the witnesses or accused person are
giving evidence which were correct.

Report on analysis that is generated based on scientific evidence will be used by the court to determine
whether the accused is guilty or not. It will also help in determining how a crime is committed on the
scene (crime scene reconstruction).With this report then the court can convict a person with proof beyond
reasonable doubts.

The most important thing that should be given care at every stage of the investigation discussed above is
the chain of custody which is to ensure the integrity of samples obtained from the acceptance of evidence
until submitted to the court the evidence is in perfect and safe condition.

Failure to record and preserved the evidence could result in the evidence cannot be accepted in court. If
the chain of evidence is found to be lack at point of investigation then the evidence will not be accepted
for prosecution in court. This is a great loss because the evidence for a case is limited and may not be
available again.

Case example:
# 1 of Canny Ong
Malaysians may never forget the brutal murder of Canny Ong that received media attention across the
board. The case is one of thousands of criminal cases were resolved by the investigator and the
prosecutor, based on scientific evidence.

Forensic Section of Chemistry Department has successfully linking the accused to the victim using
biological evidence (DNA). In this case sperm @semen stain of the offender was obtained from clothing
worn by the victim. In addition victims‟ blood stain was also found on jeans belonging to the offender. The
presence of both of this evidence has linked the offender to the victim without any reasonable doubt.

# 2 Goh Yoke Seng

The murder‟s Goh Yoke Seng was gruesome as to Malaysians community. The victim had been
dismembered into 11 separate parts and then stored in the refrigerator in a condominium at Mont Kiara.
The police have secured the services of DNA Section of Chemistry Department to prove that the 11 parts
found were derived from the same source. Analysis of DNA samples from the victim and family members
have proved that all the parts found belonged to the victim, Goh Yoke Seng.

Conclusion
Forensic science is increasingly become an important aspect in the implementation of the legal system,
particularly with the new development in science and technology. Various new techniques introduced are
more efficient and can be applied easily by the authorities in solving criminal cases happening in
Malaysia. The most important thing are the commitment from the parties concerned to develop this area
into a higher level to ensure that criminals are brought to face the law and due process with regards to
appropriate punishment for offenses committed beyond reasonable doubt.
CPC

A) ARREST
1. What is an arrest?
An arrest happens when a police officer (or other persons empowered by the law) touches or
confine the body of the person to be arrested or when you submit to custody voluntarily by word
or action.

[Example: Accompanying a police officer to a police station on the officer's direction, being
accompanied and escorted by police officers from a bus to a police station, or when you put
your hands up in surrender]

Section 15(1) of the Criminal Procedure Code ("CPC") provides that: "In making an arrest the
police officer or other person making the same shall actually touch or confine the body of the
person to be arrested unless there is a submission to the custody by word or action."

An arrest also occurs when the police officer:

a. Informs you that he is arresting you;

b. Uses force to restrain you; or

c. Makes it clear that he will use necessary force to prevent you from going where you may want
to go.

2. How will I know I am under arrest?

In most circumstances, it will be clear that you are under arrest by the common use of
handcuffs. However, if it is unclear whether you are being arrested during a prolonged
discussion or interview with the police, you should ask the police, "Am I under arrest?"

If it is unclear why you are being arrested, you should also ask the police, "Why am I being
arrested?"

3. Can the police arrest you without a warrant?

It depends on the offence of which you are suspected. A police officer can arrest you without a
warrant if you are suspected of a seizable offence, i.e. an offence which is punishable with
death or imprisonment of 3 years and above. [You may refer to the third column of the First
Schedule of the CPC]

If you are suspected of an offence which is punishable with a fine only, i.e. a non-seizable
offence, the police cannot arrest you without a warrant. [You may refer to the third column of the
First Schedule of the CPC]

4. Can a police officer use force to arrest me?

Section 19(1) of the CPC provides that a police officer may use reasonable force to apprehend
you if you resist arrest. However, whether force is required depends on the circumstances, such
as whether you are armed and whether you indicate the intention to resist arrest.
5. What are my rights upon arrest?
Your rights upon arrest are stated in Article 5 of the Federal Constitution, which is further
codified in section 28A of the CPC.

In summary, you have the right:

a. To be informed of the grounds of your arrest by the arresting officer as soon as may be
(either while arresting or immediately after), unless:

 You make it impossible for the police to inform you of the reason/grounds for arrest, for
example, where you are violent or have tried to run away during the arrest; or
 You already know why you are being arrested, for instance, if you are caught committing
a crime, or trying to commit a crime. When you are caught in the act, the reason for your
arrest is apparent.

b. To communicate with two classes of persons, being your relative/friend and your lawyer of
your whereabouts, unless the police reasonably believe that:

 You may inform your accomplice to take steps to avoid arrest;

 There may be concealment, fabrication or destruction of evidence or intimidation of a
potential witness; or
 The questioning/recording of a statement is so urgent that it should not be delayed after
having regard to the safety of others.

c. To consult and be represented by your lawyer at the place where you are detained and within
sight of police;

d. To defer any questioning or recording of any statement by the police until the consultation
with your lawyer takes place, but only for a reasonable time; and

e. To be brought before a Magistrate within 24 hours from the time of your arrest.

6. What happens after an arrest?

The police may either detain you for only 24 hours (to carry out investigations such as to
interview you or take your blood and urine samples for testing) or bring you before a Magistrate
to apply for an order to detain you further.

Article 5(4) of the Federal Constitution provides that: "Where a person is arrested and not
released he shall without unreasonable 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."

a. If after 24 hours, the police believe that there is no case against you, then the police will
release you. Note that they have the right to arrest/contact you again for further investigation if
necessary.

b. If the police believe that they have obtained sufficient evidence to charge you, they will bring
you before the Court for you to be charged in Court. You will be brought before a Magistrate,
and the charge will be read to you. You will then be asked whether you wish to plead guilty or
not.

c. If the police believe that they need to detain you for a longer period for further investigation,
they will need to bring you before a Magistrate before the 24-hour period expires, and apply for
a remand order, i.e. an order allowing the police to detain you further.

Note: The 24 hour period excludes the necessary journey time, weekends and Public Holidays.

7. What is police bail?

Police bail (also referred to as "jamin mulut") is the process by which the police releases you
from detention, based on your promise to attend Court when asked to. Police bail may be given
after your arrest and before being charged in Court.

If you breach the promise and fail to attend Court when asked (or fail to respond to the IO when
contacted), the police will likely ask the Court to issue a warrant of arrest. Note that if that
happens, it will be difficult for you to apply for bail in Court later, if necessary.

8. What should I say to the police during a police interview?

You are required by law to answer all questions relating to the offence you are suspected unless
your answers will incriminate you. You have the right to remain silent and to refuse to give
answers which will incriminate you, that is, answers which have a tendency to expose you to a
criminal charge, penalty or forfeiture.

At the start of your interview, the police are required to caution you that you have the right to
remain silent. During the interview, your answers will be taken down in writing by the police. At
the end of your interview, the police will have to read the written statement to you in the
language in which you have answered, and you will be asked to verify the truth and accuracy of
the written statement by signing it. The police will also have to allow you to make corrections
before signing.

(B) REMAND
9. What is a remand order?
As explained above, the police can apply to the Magistrate (and the Magistrate can order) the
police to detain you longer than 24 hours for further investigation.

However, the police cannot detain you merely because they want to take statements from you
as a witness. The police can only detain you if you are a suspect to an offence, and the police
have reasonable grounds to believe that you have committed an offence.

10. How long can my detention period be extended?

After the first 24-hours, the police can apply to extend your detention period twice and up to 7
days or 14 days in total, depending on the type of offence you are suspected.

a. If the offence is one that is punishable with less than 14 years imprisonment, then, your
detention period can be extended to 7 days in total:

 The police can apply to extend your detention period to a maximum of 4 days; and
  If by the end of the 4-day period the police wish to detain you for further investigation,
the police can apply to the Magistrate again to extend your detention period up to a
maximum period of 3 days.

b. If the offence is one that is punishable with more than 14 years imprisonment, such as
murder for example, then, your detention period can be extended to 14 days in total:

 The police can apply to extend your detention period to a maximum of 7 days; and
 If by the end of the 7 days, the police wish to detain you for further investigation, the
police can apply to the Magistrate again to extend your detention period up to a
maximum period of another 7 days.

11. What happens once my detention period ends (i.e. the remand order expires)?
At the end of your detention period, the police have to release you or bring you before the Court
for you to be charged in Court.

If you have informed your relative or lawyer of your arrest, they should have the details of your
arrest and remand (such as the police station you are detained and the name and contact
details of the Investigating Officer (IO)).

Your relative or lawyer should follow-up closely with the IO so that in the event you are charged
for an offence, your relative or lawyer will know which Court to attend. Your lawyer will apply for
bail, and your relative should be prepared to post bail.

(C) CHARGE AND COURT BAIL

12. What happens when I am brought to Court to be charged for the alleged offence?
Firstly, the charge will be read to you in a language you understand. If necessary, tell the Court
interpreter or the Judge that you do not understand the language used and ask for it to be read
in a language which you can understand.

Then you will be asked whether you wish to plead "guilty" or "not guilty". In Bahasa Malaysia,
you will usually hear: "Kamu mengaku salah atau tidak?".

a. If you plead guilty, the Judge will record the conviction against you and proceed to sentence.
During sentencing, you will be allowed to mitigate for a lower sentence.

b. If you plead not guilty, you will be entitled to a trial for the Court to determine whether or not
you are guilty of the offence charged against you based on the evidence produced in Court.
Once you enter your plea of "not guilty" and claim trial, you will be detained until the next
Mention (or your next appearance in Court) unless the Court grants you bail.

13. What is Court bail?

Instead of detaining you in prison until the conclusion of your trial, the Court may grant you bail
and release you on certain conditions.

Since you are still under detention, you will need to contact someone, for example, your relative,
friend or employer, i.e. a bailor, to bail you out.
The Court will usually require your bailor to pay a sum of money into Court as a guarantee
(referred to as a bail sum). Your bailor will have to manage the administrative side of things,
including attending to the process of depositing the bail sum while you are being detained in
Court.

The Court can also impose further conditions such as making it mandatory for you to report to
the police station every week and surrendering your passport to the Court for its safekeeping
until the end of your case. If the Court imposes the latter condition, you may apply, and the
Court in certain circumstances, may allow you to retrieve your passport (and travel out of the
country) for a short period of time. In exercising its discretion to do so, the Court will consider
several factors, including the seriousness of the offence with which you are charged.

14. Who can be a bailor?

Anyone can be a bailor as long as he/she is 18 years or above. It is advised to seek someone
who is a Malaysian citizen as the Court may impose further conditions if the bailor is non-
Malaysian.

If the accused is a non-Malaysian, the bailor has to be a Malaysian citizen.

15. What are the responsibilities of a bailor?

The bailor has to ensure that the accused appears in Court on the dates fixed by the Court. The
Court will issue a warrant of arrest, and the bailor will be asked to attend Court to explain the
accused's non-attendance if the accused fails to attend as required.

The bail sum deposited by the bailor in Court may also be forfeited during the subsequent non-
attendance.

16. Is everyone entitled to be released on Court bail?

It depends on the category of offence with which you are charged. There are 3 categories of
offences: bailable offences, non-bailable offences and unbailable offences.

a. If the offence you are charged with is a bailable offence, you are entitled to bail. The Court
cannot deny you bail (section 387 of the CPC);

b. If the offence you are charged with is a non-bailable offence, the Court has the discretion and
power to decide whether to grant you bail (section 388 of the CPC). An example of a non-
bailable offence is murder; and

c. If the offence you are charged with is an unbailable offence, the Court cannot grant you bail at
all (First Schedule to the CPC). An example of an unbailable offence is terrorism.

17. If the offence is a non-bailable offence, how does the Court decide whether to grant
me bail?
Firstly, the Court will have to ask whether the offence you are charged with is punishable by
death or life imprisonment.

a. If the offence is punishable by death or life imprisonment, the Court will not grant you bail if
the Court has reasonable grounds to believe that you committed that offence unless:
  You are under the age of 16;
 You are a woman; or
 You are ill.

b. If the offence you are charged with is not punishable by death or life imprisonment, the Court
will have to decide whether to grant you bail based on several other factors.

The Court will take into consideration various factors, such as the seriousness of the offence,
whether there is any flight risk or tampering of witnesses or evidence.

When should I contact a lawyer?

We generally advise that you consult a lawyer as early as possible, such as, as soon as the
police contact you to have an interview with you at the police station, or to give your statement
for investigation. Certainly, you or your relatives should consult a lawyer upon arrest. It is very
crucial that you know your rights and what to say or do. It is equally important to know what not
to say or do. Having the right advice at the right time can have a very significant impact on the
outcome of the investigations, charge and trial.
LAW ENFORCEMENT AGENCIES

Law enforcement in Malaysia is performed by numerous law enforcement agencies and generally
comes under the direct purview of the Royal Malaysia Police, the main government agency
entrusted with the maintenance of law and order in the country. Like many federal nations, the
nature of the Constitution of Malaysia mandates law and order as a subject of the state, therefore
the bulk of the policing lies with the respective states and territories of Malaysia.

Royal Malaysia Police

The Royal Malaysia Police is the main agency tasked with maintaining law and order in Malaysia. The
force is a centralised organisation with responsibilities ranging from traffic control to intelligence
gathering. Its headquarters is located at Bukit Aman, Kuala Lumpur. The constitution, control,
employment, recruitment, fund, discipline, duties and powers of the police force is specified and
governed by the Police Act 1967.
An occupied by the Ministry of Home Affairs, RMP have six departments involved in crime and
terrorism prevention and two departments involved in the administration. All departments are led by
the directors with the rank of Commissioner of Police (Army Equivalent rank of Three Stars General
or Lieutenant-General).

Private Security Services[edit]

The Malaysian Government utilises the services of several auxiliary police, volunteer police,
and police cadet forces. An auxiliary police in RMP refers to sworn security police serving in
autonomous government agencies and key government-linked companies/entities, such as:

 Malaysian Airports Holdings Berhad

 Petroleum Nasional Berhad (Petronas)
 Northport (Malaysia) Bhd
 Malayan Railways
 Pos Malaysia Holdings Berhad
 Federal Land Development Agency (FELDA)
 Bank Simpanan Nasional - BSN
 Tenaga Nasional
The volunteer police force in RMP has formed two corps, such as Police Volunteer
Reserve and Police Undergraduate Voluntary Corps. The Police Volunteer Reserve (PVR)
(Malay: Sukarelawan Polis) is a special police as well as a supporting unit of the full-time RMP
forces where normal citizens could volunteer to help to maintain peace and security of their
respective neighbourhoods and public areas, while Police Undergraduate Voluntary Corps
(Malay: Kor Sukarelawan Siswa-siswi Polis; SUKSIS) is an undergraduate police volunteer
organisation to undergoing periodic training times to times in three years in their respective
university and will be commissioned as Inspector by the Inspector General of Police in the end of the
three years training.
Coast guards

Malaysian Maritime Enforcement Agency[edit]

The Malaysian Maritime Enforcement Agency is the principal government agency tasked with
maintaining law and order and co-ordinating search and rescue operations in the Malaysian Maritime
Zone and on the high seas. It is in effect the coast guard of Malaysia. The agency is not part of nor
are there any plans for it be integrated into the Malaysian Armed Forces. The Agency and its
members are part of the Malaysian Civil Service and report directly to the Prime Minister's
Department.

Agencies

Royal Malaysian Customs

The Royal Malaysian Customs (RMC) is the government agency of the Ministry of Finance of
the Malaysia. The department responsible for administrating the nation‟s indirect tax policy. In other
words, KDRM administers seven main and thirty-nine subsidiary laws. Apart from this,KDRM
implements eighteen laws for other government agencies.

Malaysian Anti-Corruption Commission

The Malaysian Anti-Corruption Commission is a government agency in Malaysia that investigates
and prosecutes corruption in the public and private sectors. The MACC was modelled after top anti-
corruption agencies, such as the Hong Kong's Independent Commission Against Corruption and
the New South Wales Independent Commission Against Corruption, Australia. The MACC is
currently headed by Chief Commissioner Datuk Abu Kassim Bin Mohamed. He was appointed in
January 2010 to replace former Chief Commissioner Datuk Seri Ahmad Said Bin Hamdan. Similarly,
the agency is currently under the Prime Minister's Department.[1]

RELA
RELA Corps is a paramilitary civil volunteer corps formed by the Malaysian government. Their main
duty is to check the travelling documents and immigration permits of foreigners in Malaysian cities,
including tourists, visitors and migrants to reduce the increasing rate of illegal immigrants in
Malaysia. RELA has the authority to deal with situations like policemen, such as raiding suspected
streets or places such as factories, restaurants and even hotels.
They are also fully authorised to conduct the interrogation and even detaining people who forget to
bring their travelling documents, like passports and/or working permits. Besides that they are also
tasked with security works at times. During times of war, they are absorbed into the Malaysian Army
as support groups despite their law enforcing duties. They are also tasked to do SAR works if
needed.
Immigration Department of Malaysia
The Immigration Department of Malaysia (Malay: Jabatan Imigresen Malaysia) is a department of
the Malaysian federal government that provides services to Malaysian citizens, permanent residents
and foreign visitors. The department is responsible for issuing passports, travel documents, visas,
passes and permits; administering and managing the movement of people at authorised entry and
exit points; and enforcing immigration legislation including the Immigration Act 1959/63 and
the Passport Act 1966. The department is a section of the Ministry of Home Affairs.[1]

Immigration Department introduced the Special Control Team (Malay: Pasukan Kawalan Khas),
which was created to address the threat situation, the riot of illegal immigrants in the depot and the
accompanying department officials and other VIPs. It is an elite team and first trained immigration
training modules of the Federal Reserve Unit (FRU) of the Royal Malaysia Police (RMP). Students
who practiced the team is divided into two, namely Prevent Riots and Close Quarter Battle (CQB)
skills, martial arts and unarmed combat situations or dangerous and high-risk operations. The team
is undergoing training under the supervision of teaching staff is made up of a mix of professional
trainers who commissioned from abroad, a former police trainer and former FRU trainers. The team
who received the anti-riot training and the skills to use the T- baton, handcuffs and spray tear from
qualified experts concerned. The team is equipped with digital uniform and gun last for setting up of
any unexpected situations occur. The Bravo platoon was assigned as teams Tandem control
involving dignitaries who faced a high risk situation either from the department or the department yet.
For example, the service is required to accompany the team superiors and operations department
following the terrorist attack is likely.
Malaysian Road Transport Department
The Malaysian Road Transport Department is a government department under the Malaysian
Ministry of Transport. This department is responsible for issuing Malaysian number plates. According
to the Road Transport Act, the enforcement is charged with the responsibility of undertaking
registration and licensing of drivers and all motor vehicles and trailers in Malaysia.

Kor Polis Tentera DiRaja (Malaysia)

The Kor Polis Tentera DiRaja (English: Royal Military Police Corps)[1] is the military police branch
of the Malaysian Army. Referred to as the "Redcaps" like their British counterpart or, more popularly,
known as "MPs", the Kor Polis Tentera DiRaja keep discipline within the Army ranks and ensure
security at Malaysian Army installations.

The peacetime role of the Kor Polis Tentera DiRaja is to support and assist the Malaysian Army in
training for war, and maintain discipline amongst military personnel.
In war, the Kor Polis Tentera DiRaja provides tactical military police support to the Army in all
phases of operations, enforcement of military law and codes of conduct, crime prevention and
controlling the flow of refugees and displaced persons.

The Military Police Directorate at the Markas Tentera Darat (Army Headquarters) oversee
development and co-ordinate activities of Kor Polis Tentera DiRaja. The Provost Marshal of the Kor
Polis Tentera DiRaja is a Brig. Jeneral.
On 1 January 1981, there were four Regiments in the Kor Polis Tentera, with one Regiment an
organic component to each of the Infantry divisions in the Malaysian Army. A Military Police
Company is attached to each of the three Brigades of the Division.

 4 Regiments, one Military Police Regiment for each of the 4 Infantry Divisions.
o Military Police Company attached to each Brigade
 Independent Military Police Companies
 The author MJ is a graduate from the University of London Laws programme and has vast
experience in the fields of law focusing in the criminal aspects of it. He is also currently a
criminal law lecturer for Unikop College Wholly Owned by the Royal Malaysian Police Force
Corporation. The author believes in his quote to “Die Die Get it Done”in which we should always
strive and persist in completing your goals set by the heart and the mind without ever giving up.