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CONFIDENTIAL FLE/JAN2024/DLE1273

PART A (40 Marks)

Answer ALL questions below. Choose either A, B, C or D and shade the


correct answer in the OMR form provided. Each question carries ONE (1) mark.

1. Confession caused by inducement, threat or promise, oppression is


irrelevant in criminal proceeding.

This is stipulated in _________________.


A. S.25 Civil Law Act 1956.
B. S.24 Evidence Act 1950.
C. S.302 Penal Code.
D. S.20 Contract Act 1950.

2. Which of the following is NOT one of the ways a false confession can be
obtained?
A. Inducement
B. Oppression
C. Torture
D. Interrogation

3. Arif was arrested for a non-seizable offence and then a judge declared
that he was false arrested. Thus, the Malaysian Royal Police had to pay
compensation.

The arrest was declared to be false because it was made____________.


A. Without credible information
B. Without reasonable complaint
C. Without warrant
D. Mistaken identity

4. Amid is a detainee and he thinks he wants to challenge his arrest in the court
to determine its legality. Which of the following methods can be utilised by
Amid?
A. Writ of habeas corpus
B. Complain to Penghulu
C. Write a letter to YDP Agong
D. Try escaping from detention.

5. Which of the following is a way of tampering evidence?


A. Creating a fake DNA report.
B. Planting drugs at the crime scene.
C. Discarding weapon used in a crime scene.
D. Hiding a knife at the crime scene.

6. Perjury in superior courts warrants ______________.


A. Imprisonment not exceeding 3 months and fine not exceeding RM500.
B. Imprisonment not exceeding 2 months and fine not exceeding RM300.
C. Mandatory death sentence.
D. Life imprisonment.

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7. Which of the following cases’ facts discuss about false arrest due to mistaken
identity?
A. R v Tan Eng Hoe
B. R v Knight
C. PP v Ahmad Najib Aris
D. PP v N.Padmanabhan

8. Which of the following theorists introduced theory of differential association?


A. Gabriel Tarde
B. Edwin Sutherland
C. Julia Kriskva
D. Judith Butler

9. “We will charge you with less serious offence if you tell us where the
drugs are”.

Referring to the above dialogue, which of the following factor may have
resulted in forced confession?
A. Threat
B. Promise
C. Torture
D. Oppression

10. Inspector Jamal deleted a few messages from the victim’s handphone. Which
misconduct has he committed?
A. Perjury
B. Evidence tampering
C. Falsification of evidence
D. Unwarranted surveillance

11. Which of the following statement is TRUE about interrogation?


A. Questioning of the witness.
B. The purpose is to obtain confession.
C. The examination is conducted in writing.
D. The person questioned will usually cooperate with police.

12. Corporal Ahmad saw a man on a motorcycle taking away a woman’s handbag
when he was on motorcycle patrol. Which type of force should he use first?
A. Officer presence
B. Verbal command
C. Bodily force
D. Deadly force

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13. Which of the following situation portrays a reasonable use of force?


A. Sergeant Iman handcuffed Aman, a 12-year-old boy who surrendered to
police.
B. Sergeant Iman shot Aman’s head after Aman tried to run away from police
raid.
C. Sergeant Iman pushed Aman to the ground when Aman tried to punch
him.
D. Sergeant Iman slapped Aman’s face after Aman said that all police are
corrupted.

14. The following health issues are related to Post Traumatic Stress Disorder
among police officers, EXCEPT:
A. Obesity
B. Heart problem
C. Diabetes
D. Brain cancer

15. The Malaysian Anti-Corruption Commission (MACC) has arrested three Shah
Alam City Council (MBSA) enforcement officers suspected of protecting
unlicensed businesses including gambling dens in Sungai Buloh.
Which misconduct this statement refer to?
A. False imprisonment
B. Bribery and corruption
C. Off-duty misconduct
D. Selective enforcement

16. The following matters are analysed by the interviewer when interviewing a law
enforcement candidate, EXCEPT:
A. Behaviour
B. Mental health
C. Characteristics
D. Common sense and reasoning

17. What is the purpose of an interview?


A. To discover leads for other cases
B. To obtain information
C. To gather facts objectively without bias
D. To obtain incriminating evidence/confession

18. According to S 112 CPC, what must the person being interrogated do during
interrogation?
A. Refuse to answer any questions.
B. Correct the statement.
C. Remain silent.
D. State the truth.

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19. What is the Miranda warning related to?


A. Rights of the suspect during interrogation.
B. Rights of the lawyer during interrogation.
C. Rights of the police officer during interrogation.
D. Rights of the witness during interrogation.

20. According to S 17(2) Evidence Act 1950, what is a confession?


A. An admission made by a police officer.
B. An admission made by a witness.
C. An admission made by a person accused of committing an offence.
D. An admission made by a lawyer.

21. What is the purpose of distinguishing between interrogation and interview?


A. To discover leads for other cases.
B. To establish a set plan.
C. To gather facts objectively without bias.
D. To obtain incriminating evidence/confession.

22. What is the most important factor in interrogation according to the text?
A. Setting and environmental factors.
B. Knowledge of the facts of the case.
C. Methods used in interrogation.
D. More expensive and very normal.

23. What is the purpose of developing persuasive themes and arguments in


interrogation?
A. To obtain incriminating evidence/confession.
B. To discover leads for other cases.
C. To gather facts objectively without bias.
D. To establish a set plan.

24. According to S 28A (2) CPC, what must a police officer do before
commencing any form of questioning?
A. Allow the lawyer to be present during interrogation.
B. Record the statement from the person arrested.
C. Defer any form of questioning.
D. Inform the person arrested his right to communicate and consult with his
lawyer.

25. What is the result of a successful interrogation?


A. The suspect refuses to answer questions.
B. The guilty criminal suspect makes a confession.
C. The suspect remains silent.
D. The suspect provides biased information.

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26. When attempted to arrest subjects who participated in an unlawful assembly,


Inspector Sharif encountered an eleven-year-old boy who was holding a
cricket bat in his hand. Which of the following factors does Shariff need to
consider before using force upon the boy?
A. Strength of the subject
B. Age of the subject
C. Size of the subject
D. Possession of weapon

27. Hamid is a Police Officer, he injured Tina, a teenager even when she did not
pose any threat. Hamid may be suffering from____________.
A. PTSD.
B. Depression.
C. Anxiety.
D. Sleep apnoea.

28. Which of the following is NOT one of the symptoms of PTSD?


A. Outburst of anger
B. Feeling of isolation
C. Lack of concentration
D. Lack of glucose in body

29. Inspector Zulkifli always loses his temper even when his colleagues have not
made any mistakes. Which of the following PTSD symptoms is he suffering
from?
A. Sleep disturbance.
B. Irritability.
C. Hypervigilance.
D. Unaware of the surroundings.

30. Inspector Khamar has PTSD. Which of the following is NOT an effect of the
disorder?
A. He may miss work often and work less efficiently.
B. He may face problems in his marriage.
C. He may use drugs to relief himself of the symptoms.
D. He may have weird food cravings.

31. Which of the following is a treatment for PTSD?


A. Cognitive Processing Therapy
B. Counselling by discipline counsellor
C. Paracetamol
D. Nebuliser

32. This treatment requires three months of weekly sessions. What is it?
A. Prolonged Exposure Therapy.
B. Eye Movement Desentisation and Reprocessing.
C. Stress Inoculation Therapy.
D. Medication.

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33. Use of reasonable force is allowed for the following purposes EXCEPT,
A. Défense of another
B. Prevention of crime
C. Mala fide use of force
D. Lawful arrest

34. Why do you think a police officer gets PTSD?


A. He may have gone through a breakup.
B. He may have been kidnapped and tortured by a local goon.
C. He may have been going through trouble in his marriage.
D. His kids may have won an international competition.

35. Which of the following use of force continuum is considered the best way of
resolving any situation?
A. Verbal command
B. Bodily force
C. Officer presence
D. Deadly force

36. “Drop the gun or I will shoot”.

The above dialogue refers to_____________.


A. Light talk.
B. Search talk.
C. Persuasion.
D. Heavy control talk.

37. Inspector Ayman wants to make a non- threatening approach to gather data
from a subject. Which of the following verbal commands would he make?
A. Persuasion.
B. Light control talk.
C. Heavy control talk.
D. Search talk.

38. What are the types of major penalties for unethical behaviour?
A. Demotion.
B. Job transfer.
C. Reduction of pay.
D. All the above.

39. Why is it important to have a code of ethics in the police profession?


i. To maintain law and order in the society.
ii. To uphold the integrity and professionalism of the police force.
iii. To ensure police officers enjoy doing their work.
iv. To ensure justice and fairness to those who could afford it.
A. i,ii,iv
B. ii,iii
C. i,ii
D. iii,iv

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40. What are the various ways to enforce ethics?


A. Outline potential punishment for unethical behaviour.
B. Post clear guidelines for standards of behaviour expected.
C. Implement reward system that promotes ethical behaviour.
D. All the above.

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CONFIDENTIAL FLE/JAN2024/DLE1273

PART B (20 Marks)

Answer ALL questions below. Fill in the blanks. Choose the correct answer
from the options given. Each question carries ONE (1) Mark.

1. Under Whistle-blowers Protection Act 2010, protection is given as the identity


of the whistle blowers will be kept confidential.

2. Whistle-blower is a person who exposes any kind of information or activity


that is deemed illegal, unethical, or not correct within an organization.

3. Long Service Award: awarded to officers who have completed 20 years police
service in recognition of exemplary service to the public.

4. Law enforcement necessitates exposure to traumatic, violent and horrific


events which can lead to an increased risk for developing PTSD.

5. People with PTSD more likely to have problem in marriage which may lead to
financial problem, fight and divorce.

6. The therapist will help the patient to deal with the reality by understanding it
was not the patient’s fault.

7. EMDR is a psychotherapy in which the person being treated is asked to recall


distressing images.

8. Anti-depressants are medications that can help relieve symptoms of


depression and anxiety disorder.

9. Selective serotonin reuptake inhibitors (SSRIs) ease depression by increasing


levels of serotonin in the brain.

10. The interrogator must understand the entire facts of the case.

11. A good- setting will give interrogator better opportunity to observe the
subject’s verbal and non-verbal response.

12. If the interrogator can tell how crime was committed, the suspect may give a
reason for his involvement in the crime.

13. According to Gabriel Tarde (1902), behaviour is acquired through three laws
of imitation.

14. Edwin Sutherland (1940) introduced the theory of differential association.

15. Criminal behaviour is an expression of general needs & values.

16. Systemic layers of police organization refer to how a police department is


managed and organized.

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17. Police misconduct can lead to a miscarriage of justice and sometimes


involves discrimination.

18. Confession caused by inducement, threat or promise and oppression is


irrelevant in criminal proceeding.

19. Writ of habeas corpus is an application by detainee to High Court to


determine legality of arrest and for release.

20. Fabrication of false evidence would mean manufacturing or creating false


evidence to secure conviction of accused.

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CONFIDENTIAL FLE/JAN2024/DLE1273

PART C (40 Marks)

Answer any TWO (2) out of THREE (3) questions below. Each question carries
TWENTY (20) Marks.

Question 1 (20 Marks)

Inspector Adil received a command from his superior to become the investigating
officer for a rape case that is suspected to be done by Badrul, a 26-year-old man.
Inspector Adil and three other subordinates went to Badrul’s house to arrest him.
Inspector Adil knocked on the door three times, but no answer was given. He then
heard a noise from the back of the house. He saw Badrul was trying to escape
through the back door. Inspector Adil pursued him and warned Badrul to surrender.
Badrul fell to the ground while he was trying to run away. Inspector Adil immediately
handcuffed Badrul and kicked him until he bleeds out and died in the scene.

A. State which international association defined ‘use of force’. (1 Mark)

- International Association of Chiefs of Police

B. What is ‘use of force’? (1 Marks)

- Amount of effort required by police to compel compliance by an unwilling subject.

C. Explain S.15(2) and (3) of Criminal Procedure Code. (3 Marks)

- Arresting officer may use all means necessary to effect the arrest. However, it does
not give the right to the officer to cause death of the person if the offence is not
punishable with death or life imprisonment.

D. List down ALL the factors to be considered in reasonable use of force. (9 Marks)

- Severity of the crime


- Threat posed by the subject to the officer/ others
- Suspect actively resist/ evade arrest
- Officer exercises good faith
- Age of the subject
- Size of the subject
- Strength of the subject
- Availability of backup
- Possession of weapon

E. In your opinion, is Inspector Aidil’s action legally right. Explain. (6 Marks)

- The use of excessive force, especially leading to the death of a suspect, is a


serious violation of human rights and legal principles. Law enforcement officers are
trained to use force proportionately and only as a last resort when there is an
imminent threat to their life or the lives of others. As per S.15 (2) and (3) CPC,
Officer cannot cause death of a person if the offence is not punishable with death or

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life imprisonment. Since rape is an offence that may be punishable by imprisonment


up until 20 years and whipping, Inspector Aidil’s action is legally wrong.

Question 2 (20 Marks)

Malaysian Royal Police force was under pressure to catch the culprit of a serial
burglary. One evening, based on a vague description of the suspect—a medium-built
man with dark hair—officers spotted Alex, a local college student, walking home from
the library. Mistaking his backpack for one reportedly used by the burglar and noting
his similar physical description, they approached Alex. Without verifying his identity
or asking for his side of the story, the officers handcuffed Alex, informing him that he
was under arrest for the recent burglaries. Confused and frightened, Alex protested,
insisting he had been at the library studying during the times of the crimes, a fact that
could be easily corroborated by security footage and his electronic check-ins on the
library's entry system.

A. What is Police misconduct? (1 Mark)

- Inappropriate conduct and or illegal actions taken by police officers in connection


with their official duties.

B. List down SIX (6) Police misconducts. (6 Marks)

- False Arrest
- False Imprisonment
- False Confession
- Perjury
- Falsification/Fabrication and Tampering of evidence.
- Witness Tampering

C. Explain how can Alex do to challenge the false arrest? (4 Marks)

- 2 ways to challenge wrongful arrest:

Self defence – A person cannot be guilty for resisting illegal arrest

- Writ of habeas corpus – Application by detainee to High Court to determine legality


of arrest and for release.

D. Explain how the Malaysian Royal Police can defend themselves. (3 Marks)

- An exception to wrongful arrests is when the police made an honest mistake in


arresting the person.

- In the case of R v Tan Eng Hoe, the PDRM was looking for a suspect with certain
physical features. They then mistakenly arrested someone with similar features.

E. Explain with example the difference between falsification of evidence and


tampering of evidence. (6 Marks)

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- S 192 PC provides for the offence of fabricating evidence.


- Fabrication of false evidence would mean manufacturing or creating false evidence
to secure conviction of accused.
- E.g. Officer changed the urine sample of A with those of B so that A will be tested
positive for drug.

- Evidence tampering is an act in which a person alters, conceals, or destroys


evidence with the intent to affect investigation/ court proceeding.
- Examples: Deleting text or e-mail, falsifying records, Discarding weapon used in
crime.

Question 3 (20 Marks)

A. List FIVE (5) Symptoms of PTSD? (5 Marks)

- Fear, helplessness and horror


- Re-experiencing the event through nightmares, flashbacks or sleep tremors
- Avoiding thoughts, feelings or conversations related to traumatic event
- Avoidance of activities
- Feelings of isolation and detachment
- Lack of concentration

B. Explain minor penalties and major penalties with example. (5 Marks)

- Minor penalties:
Examples of behaviour: tardiness, incomplete work, insubordination, misuse of office
equipment, uncleanliness

Types of minor penalties:


Oral warning
Written warning
Reduction of job privileges
Reduction in responsibilities

- Major penalties:
Examples of behaviour: act of violence, threat of violence, non-compliance of lawful
order, abuse of power, corruption, alcohol/ drug influence

Types of major penalties:


Demotion
Reduction of pay
Job transfer
Termination
Criminal suit

C. Briefly discuss TWO (2) medication that are used in treating PTSD. (5 Marks)

- Medications help patients stop thinking about and reacting to what happened,
including having nightmares and flashbacks and feel “normal” again.

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Examples of medications:
Anti-depressants: medications that can help relieve symptoms of depression &
anxiety disorder.
Selective serotonin reuptake inhibitors (SSRIs): ease depression by increasing levels
of serotonin in the brain. Serotonin is one of the chemical messengers that carry
signals between brain cells.

D. Bodily force involves physical restraining action without weapon. State FIVE (5)
examples of bodily force? (5 Marks)

- Punches
- Kicks
- Vertical stun: slamming against wall
- Decentralization: tackling to the ground
- Compliance hold: arm-bending/ neck-holding

END OF QUESTION PAPER

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