UNIVERSITY OF CUMBRIA

VISION COLLEGE

VCPJ 4005

MANAGING CRIMINAL ENQUIRIES

WRITTEN ASSIGNMENT

PREPARED BY:

NUR ATIKAH BINTI CHE AMIN

BCPI0421-001

PREPARED FOR:

INSP. MOHD SAFUAN BIN MUSLIM

31 MAY 2022
 TABLE OF CONTENT

1.0 Introduction
1.1 The definition of investigation
1.2 The objective of investigation
2.0 Content
2.1 Source of Law
2.2 Process of Investigation
2.3 Criminal Investigation Approach
2.4 Investigation Team & Process
2.5 Enforcement Agency
3.0 Conclusions
4.0 References

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1.0 INTRODUCTION

According to Steve McCartney, Griffiths (2013) describes three possible models for
investigating the police in different jurisdictions, the dependent model, the interdependent
model, and the independent model. The dependent model is police departments that
investigate complaints upon their own officers or officers from another agency are
examples of the dependent paradigm. The investigators are conversant in the local police
culture and organisational principles, and the investigators have higher legitimacy among
officers due to a lack of integrity. The interdependent model is a system in which
investigators investigate complaints against their own officers or officers from another
police agency, all while being overseen by civilians. This gives the public confidence that
the investigation will be fair and not biassed in favour of the police or the civilians.
Furthermore, based on their own investigations, police officers may be hesitant to accept
the recommendations of civilians who may not be aware of problems in the investigation
process. The independent model consists of a civilian body of investigators who receive
complaints and commence and conduct the entire inquiry independently of the law
enforcement agency engaged in the claim. The public considers this model to be the most
effective since the investigators are independent, allowing police to be held more
accountable for their acts.

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1.1 The Definition of Investigation

The Malay dictionary defines investigation as a thorough inspection or research.

This demonstrates that determining the truth or fact information is a methodical
process. According to Logo Graphic, it is described as the study of facts used to
identify, find, and prove the guilt of an offender or crime from a legal standpoint,
especially in the criminal justice process. Questioning witnesses, interrogating
suspects, using scientific procedures such as forensic examination, investigating
premises, and analysing all pertinent papers are all tasks carried out by law
enforcement authorities such as the police, army, or other intelligence units. Even
if they locate and arrest the offender, the collecting of information and evidence to
establish whether a crime has been committed, producing sufficient evidence to
win a conviction against the offender in a criminal trial. As a result, we can
determine that the concept of inquiry refers to the gathering of information and
evidence to ascertain particular facts about a crime.

1.2 The objective of investigation

According to the Criminal Investigation Department's official website, the

department oversees preventing, identifying, arresting, and prosecuting criminals
to rid the country and Malaysian society of crime so that people can live in safety,
peace, and prosperity. The goal of this research is to uncover a truth or fact to gain
justice and a clear answer to an issue. In truth, an inquiry of the complainant's
accusation or report is required to gain justice, defence, and rights in a case or
crime. The authorities will then try, judge, and punish the person who is
accountable for the act or matter.

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2.0 CONTENT

2.1 Source of Law

According to Malay Wiki, the Penal Code is the main source of criminal law,
with rules relating to the categories of offences and criminal penalty. The Criminal
Procedure Code is a statement that governs the method of arrest, or in other words,
how a criminal case is handled. Other sources of law include the Criminal
Procedure Code [Act 593], the Malaysian Anti-Corruption Commission Act 2009
[Act 694], the Securities Commission Malaysia Act 1993 [Act 498], and the Capital
Markets and Services Act 2007. Criminal law is a sort of act of law that governs
offences committed against society. It is important to distinguish between criminal
and civil law. If someone steals, for example, the criminal law will be required to
manage or control the thief. Stealing is classified a crime against the community,
so investigations, arrests, and prosecutions will be carried out and managed by
criminal law. Which contrasts from civil law in situations such as when a person
purchases goods on credit and then fails to pay the debt to the products' vendor on
the agreed-upon date. There are numerous civil laws that can be applied in this
case, including sale of goods law, contract law, and so on. Criminal law will not be
used to determine the rights and liabilities of sellers and buyers, this is because sale
and purchase transactions are considered civil activities between individuals.

2.2 Process of Investigation

A department or organisation must establish procedures and processes for each

item or activity. It is, however, distinct from the criminal investigation department
in that it is a fact of life involving a person's fate, life, family, and death. The current
investigation depends heavily on the work of investigating officers.

Complaints

When a criminal occurrence happens, the public is notified, and the line is
connected to the nearest branch to notify the nearest police station to investigate

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the incident. The authorities, police officers, or any officer not less than the level
of sergeant shall proceed to the scene to investigate and report the cause of the
crime after receiving the report information, according to the Criminal Procedure
Code, sections 329 (1) and (2). They must maintain the crime scene clean by strictly
managing and protecting it to preserve any evidence that could be used to prosecute
and arrest the criminals. This situation is implemented by surrounding the crime
scene environment with yellow tape labelled ‘NO ENTRY’ or ‘CRIME SCENE’
to prevent access from the public other than investigating officers. The first police
officer present at the scene will monitor the surroundings to create an investigation
perimeter.

Investigation

The investigating officer or police officer must, however, contact the forensic
party or the party participating to collect, collect, and analyse the evidence, which
must then be brought to a laboratory for analytical processing. The leader, the first
police officer present, evidence collectors, videographers, and photographers were
among the groups involved in the examination of the scene, according to an excerpt
from StuDoc authored by Chy Chy of the University of Malaya. Their
responsibilities include inquiry, scene drawing, tagging, evidence collecting, and
photography. The scene's original structure must be meticulously captured and
preserved. Only after each piece of evidence has been photographed can it be
collected and forwarded for analysis.

There are also methods for performing scene investigations, scene management,
and regulating the perimeter of the scene to protect evidence and prevent
contamination. Upon the control, an interview with the victim, witness, or suspect
will be held to gain a better understanding of the scene's expectations. The second
phase is a walk-through and documentation of the crime scene to determine the
nature of the crime, how it was perpetrated, and entry and departure locations.
There will be photography sessions ranging from general to specialist photography.
The images gathered will show a process that describes how the crime was
committed. Following that, the investigating officer will begin the investigation for
physical evidence by labelling and gathering evidence after the entire scene has
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been completely documented. Traces of evidence, such as sheets of fibre or hair,
footprints, blood, or other bodily fluids, as well as guns, can be included in this
evidence. The scene must then be sketched, and each object of evidence must be
measured to determine its geographical location, which can be done in the form of
drawings. These sketches are meant to be used as a photography guide. In terms of
evidence storage and analysis, some evidence will be reviewed at the scene before
being submitted to the laboratory for more thorough testing. As a result, the
investigating officer will document and mark all the evidence gathered before
sending it to the laboratory for analysis. A confirmatory analysis will be performed
by the forensic laboratory using techniques such as chemistry, fingerprints, DNA,
and so on. Finally, the 'final walk-through' and release of the scene occurs when
the investigating officer is satisfied that all inspections have been completed and
that no evidence has been left behind.

Interviewing, questioning, and interrogation procedures are measured,

objective, and ethical in today's policing. Investigating the interviewing,
questioning, and interrogation of suspects as information collecting procedures
used by police to assist them in their investigations. They are meant at uncovering
the truth rather than obtaining a confession to a crime. This contrasts with past
policing practises, such as threats, intimidation, coercion, and sometimes physical
assault. The early phase and lowest degree of communication is interviewing a
potential suspect. At this point, the person cannot even be classified as a suspect.
When an investigator receives a statement report from such a person, he or she may
suspect that they are not telling the truth; however, until those suspicions are
confirmed by evidence that fulfils the test of forming reasonable grounds for belief,
the investigator may keep speaking with this potential suspect. This right to remain
silent does not prohibit the investigator from asking questions, and the investigator
should continue to give the suspect the opportunity to reveal information that could
lead to the suspect's exclusion as a suspect in the crime under investigation.
Interrogation seems to be the most serious level of questioning a culprit, and it
occurs when reasonable grounds for believe have been established and the person
has been placed under custody for the crime under investigation. To conduct such
an arrest, reasonable grounds for belief must be based on direct evidence or strong
circumstantial evidence linking the suspect to the crime.
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Warrant

A warrant case is a case guilty of an offence punishable by death or

imprisonment for a maximum of six months, according to the Criminal Procedure
Code. A warrant is described as a letter of authorisation granted by a magistrate to
a police officer to detain a person or examine (seize) property and others, according
to Dewan Bahasa dan Pustaka. After identifying the person to be detained and
telling him of the warrant's contents, the investigating officer, police, or another
person executes the warrant and, if necessary, shows him a copy of the warrant.
Then, given the facts and circumstances, the detention of a person apprehended
without a warrant shall not exceed 24 hours, excluding travel time. According to
Enactment 8 of 1982, every arrest warrant issued remains in effect until it is
withdrawn by the court that issued it or until it has been executed. A person who
commits an offence under this section of the Criminal Procedure Code may be
arrested without a warrant unless he gives the police officer his contact information
and otherwise satisfies the police officer that he will comply with any summons or
other proceedings that may be taken against him, according to Section 21 (3) of the
Criminal Procedure Code. Arrests without a warrant may also be made if there is a
complaint, information, or reasonable suspicion that the subject is involved in, or
if the individual is serving a sentence of more than three years but not less than
seven years in jail.

The catch

A police officer or other person wishing to make an arrest must touch and
confine the person unless the individual surrenders himself by word of mouth or
behaviour, but if the person resists violently or attempts to flee the arrest, the officer
or the arrester may use any actions necessary to effect the arrest, according to the
Criminal Procedure Code, sections 15 (1) and (2). Under the Criminal Procedure
Code, section 109(1), such arrests may be made by an officer of at least the rank of
sergeant against any special power on police investigation granted in any arrestable
matter. Do you know that people who have been arrested have the right to know
why they have been detained, to speak with family or friends, to communicate,

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consult with assigned legal practitioners or advocates, and to know and execute
their bail?

Prosecution

The prosecution is a situation of explaining the essence of the offense to be

proved as well as providing guidance on evidence to prove the case and avoid
evidence that could prejudice the accused, excerpts from the Enforcement and
Prosecution Investigation Manual 2nd Edition (2015). A charge sheet document
was filed by the prosecution, along with a letter of authority. The charges are
reviewed and explained by the prosecuting officer when the case is registered and
mentioned. If the accused individual is found guilty, the prosecution must provide
the facts of the case to the court and the accused must confess them, according to
the declaration in the Procedure for Conducting Prosecution for Forest Offense
Cases document. The court will then find the offender guilty of the crime. The
offender will be given the opportunity to appeal for a lower sentence (mitigation)
before the punishment is handed down by the court. The prosecuting officer must
file an appeal for an appropriate punishment for the criminal, based on public
interest, the punishment given as a lesson, previous convictions, and the nature and
frequency of the offence or crime. If the accused individual does not enter a plea
of guilty and requests to be tried, the court will set a trial date, after which the
investigation will be carried out according to the time frame set by the court.

Punishment

We can observe that the word law is frequently related with an offence,
wrongdoing, or crime in general. As a reminder, lesson, retribution, and
rehabilitation, this punishment is placed on anyone who does not conform with or
obey by a set of systems, rules, or regulations. According to section 183 of the
Criminal Procedure Code, if the accused is guilty of an offence, the Court must
administer the sentence in accordance with the law.

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2.3 Criminal Investigation Approach

There are two core elements of the new approach to tackling crime, the Berita
Harian daily said in a statement. For starters, it requires that strategies for crime
prevention and management be developed using investigation or evidence-based
evidence. Energy pairing across the services industry must be used to root research
on crime-fighting strategies. Law enforcement, legal practitioners, and academic
scholars must work together more frequently. Every criminal inquiry, according to
the Royal Malaysian Police (PDRM), is based on facts and the Malaysian legal
system, which is a sensible approach that takes time.

Legal knowledge in general assists authorities or investigating officers in

making censorship of existing evidence, which is one of the techniques that can be
improved. We can see that the sector is growing and flourishing in the modern day.
However, constitutional, and legal knowledge must be applied to protect the rule
of law, with the goal of preventing society from doing horrible and terrible things,
reducing crime rates, and improving the quality of social life. Developing positive
relationships can benefit in the collection of numerous sources of information as
well as the use of interrogation techniques. Effective contact or communication
between leaders and the people is one of the most effective techniques for enforcing
a law, yet even a social touch cannot function effectively without rules.

2.4 Investigation Team & Process

According to the official website of the Royal Malaysia Police (RMP), the
Criminal Investigation Department team is led by a director with the rank of Police
Commissioner and assisted by four Deputy Directors under him, namely the
Deputy Director of Criminal Investigation (Intelligence/Operations), Deputy
Director of Criminal Investigation (Investigation/ Legal), Deputy Director of
Criminal Investigation (Organized Crime), Deputy Director of Criminal
Investigation (Forensics/Databank/DNA/Strategic Planning). However, the
establishment of other or special teams can be formed based on the orders of

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 superiors or department heads and refer to the type of criminal case to be handled.
The evidence according to the Utusan Malaysia newspaper, Kedah Police Chief,
Commissioner Wan Hassan Wan Ahmad said, the investigation involving 13
members will identify the cause of the incident by taking the statements of all those
involved in the depot. Kedah Police set up a special team to investigate the incident
of 528 Rohingya ethnic riots before escaping from the Relau Temporary
Immigration Depot here early that morning, in Alor Setar.

The investigative process is a development of activities or steps that move from

the task of gathering evidence, information analysis, theory development, and
verification, forming a reasonable basis for belief, and finally to the arrest and
charge of a suspect predicted. This includes the collection, analysis, development,
and validation of theories, the identification of suspects and the formation of
reasonable grounds, and taking action to arrest, search and lay charges. Therefore,
only flexible general rules for structured responses can be used.

Even if the path we will take to examine is initially unclear and unpredictable,
the goal, the results we seek in our inquiry, will always be the same and can be
defined in terms of results and priorities. The protection of people's lives and safety
comes first in the results and priorities. Protecting property, securing, and
preserving evidence, accurately documenting the occurrence, and establishing
reasonable grounds to identify and arrest criminals are the tasks they value second.

2.5 Enforcement Agency

An enforcement agency is an operational establishment to prevent and address

criminal acts, activities, and misconduct. It is also capable of imposing any fines
or actions on offenses committed by offenders based on orders prescribed by laws
and regulations in an organization or country. The official website of the Malaysian
Legal Affairs Division, there are several major enforcement agencies established
in Malaysia. First, it is a well-known agency that is the Royal Malaysian Police
(PDRM), Section 20 of the Police Act states that the arrest of persons to be arrested,
processing security intelligence and conducting prosecutions through the
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authorization by law. They also execute summonses, subpoenas, warrants,
imprisonment orders and other processes lawfully issued by any competent
authority. Furthermore, attending criminal courts and if specially ordered, civil
courts, as well as maintaining order therein and escorting and caring for prisoners
and other persons in police custody.

Second, the Malaysian Anti-Corruption Commission (MACC), functions to

detect and investigate any suspected offenses, attempts, and conspiracies under the
MACC Act 2009 as well as to receive and consider any complaints of misconduct
under the MACC Act 2009 and investigate anywhere the complaint is as practiced
by the Chief Commissioner, or the officer concerned. Third, the Securities
Commission Malaysia (SC) is directly responsible for enforcing laws and
regulations related to the capital market, ensuring sustainable market growth and
development, overseeing capital market activities and market institutions including
exchanges, clearing houses and registered market operators, and regulate all
entities and individuals licensed under the Capital Markets and Services Act 2007.

Fourth, according to the Financial Services Act 2013 (FSA) website, it is the
primary statute governing the conventional financial industry. The establishment
of the act seeks to provide for the regulation of financial institutions, payment
systems and other related entities, the supervision of the money market and the
foreign exchange market to promote financial stability and related matters,
consequential or incidental thereto.

Following that, numerous agencies were established to enforce discipline,

enhance the economic system, and develop and legislate for a generation,
organisation, and country. At the same time, competent to prevent an act,
behaviour, or object from weakening society's identity, criminal misconduct, or a
country's development.

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3.0 CONCLUSION

Investigators should apply their expertise and experience to determine which

investigative actions are most appropriate in the given situation. They should also be aware
of the legal and ethical issues that arise when conducting any type of investigation. In
accordance with force policies, investigators must prioritise and evaluate the
proportionality of the investigative procedure. The investigation itself, not simply the
completion of a checklist, should drive the ultimate decision concerning which
investigative activities to pursue. The aspects of the investigation approach should be
developed using a common method. "If there are those who are against the law, appropriate
action must be taken. When there is no enforcement, we do not give the right signals, as if
no one is afraid of the law. As investigators work through an investigation, they must be
aware of a variety of legal rules, concepts, principles, doctrines, and protocols, all of which
must be incorporated into their thought process, (Rod Gehl).

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