DLE 1214
Introduction To Law Enforcement
CHAPTER 4
Chapter 4: 4: The Criminal Justice System In Malaysia Prepared Prepar ed by Miss Mis s Aishah
Chapter 4: 4: The Criminal Justice System In Malaysia Prepared Prepar ed by Miss Mis s Aishah
INTRODUCTION • The legal system in Malaysia is based on a set of written and unwritten laws. • Among the written written are: the Federal Constitution Constitution together with with the constitutions of the 13 states comprising the Federation legislations enacted by the !arliament and "tate Assemblies and delegated or subsidiary legislation made by bodies under powers conferred on them by Acts Acts of !arliament or "tate Assemblies. Assemblies. • The unwritten laws are comprised of the principles of #nglish 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.
The Administration of Justice •
•
•
•
•
The Criminal Justice Administration involves:
law enforcement prosecution and the courts Diferent rom a parliamentary democracy !hich consist o the executive, the legislative and the judiciary.
●
●
●
●
Fundamental principle: Innocent until proven "uilty The criminal justice sstem pro!ides !arious safe"uards to protect accused persons# Dut of the police force: –
To investi"ate an ofense
–
To maintain la! and order
Dut of the Attorne $eneral %&u'lic &rosecutor(&enda)wa Raa*: –
To decide !hether a person should be char"ed !ith a crime or not#
C$IMI%A& J'STIC( S)ST(M ENFORCEMENT
ADJUDICATION
CORRECTION
6
&RO+,CUTION OF CRI-INA. CA+,+ IN COURT+# Federal Courts Courts of Appeal
%uperior Courts$ Courts of &udicature Act$
Hi! Courts of "ala#a$
%essions Court "aistrate Court
%u'ordinate Courts$
%#aria! Courts$
%u'ordinate Courts Act$
Courts for C!ildren$ %pecial Court$ %#aria! Court$
C!ild Act$ Constitutional Amendment Act$ Adm$ (f Islamic Law$
/ierarch and Jurisdiction of Court ●
An avenue *+alan, or those !ho sufer "rievance *aduan,- to see. redress *"anti ru"i, or to be punished#
&RO+,CUTION OF CRI-INA. CA+,+ IN COURT+# Federal Courts Courts of Appeal
%uperior Courts$ Courts of &udicature Act$
Hi! Courts of "ala#a$
%essions Court "aistrate Court
%u'ordinate Courts$
%#aria! Courts$
%u'ordinate Courts Act$
Courts for C!ildren$ %pecial Court$ %#aria! Court$
C!ild Act$ Constitutional Amendment Act$ Adm$ (f Islamic Law$
COURT FEDERAL COURT
JURISDICTION •
•
•
COURT OF APPEAL
•
•
HIGH COURT
•
•
•
SESSIONS COURT
•
•
FIRST CLASS MAGISTRATE’S COURT
•
•
SECOND CLASS
•
Final court of appeal Appellate, Supervisory, Advisory Consist of Chief Justice + 2 other judges of High Court / greater uneven numer Appellate jurisdiction! Hear all appeals on "uestion of la#/ sentences from suordinate courts $ judges decide on appeal %ry all offences, ma& sentence' death Appellate jurisdiction! hear appeals of cases from suordinate courts ( judge %ry all offences except those punishale #ith death ( judge %ry all offences punishale #ith imprisonment ma& () years BUT sentencing po#er only ma& * years Also perform duties in the Court for Ch!"re# age () (- years. #ith 2 advisors hearing all cases e&cept those punishale #ith death Aim to rehailitate and prevent their development as criminals Sentencing ma& (2 months imprisonment
&olice Report on Tah01 Fire +ent to A$2s Cham'ers /'A&A &'MP'$- Sept 01 2 The police have sent to the Attorney3eneral5s Chambers a report on their investi"ation into the 6re that claimed 07 lives at a reli"ious residential school here# 8u.it Aman CID director Datu. Seri 9an Ahmad %a+muddin Mohd said the report on the 6re at the Darul uran Irria;iyah school in Jalan /eramat '+un"- /ampun" Dato /eramat- !as handed over this mornin"# The police probe !as conducted under Section 7<0 o the Penal Code or murder and Section 471 or mischie by 6rehe said to reporters durin" a !or.in" visit to the Teren""anu Police head;uarters here# Also present !ere CID deputy director Datu. =u>ir Mohamed and Teren""anu Police chie Datu. Aidi Ismail# ?9e !ill !ait or instructions rom the Attorney3eneral5s Chambers on the char"es to be brou"ht in the case-@ said 9an Ahmad %a+muddin# The police have arrested seven boys bet!een the a"es o and B to assist in the probe into the 6re- established as arson- that burnt to death 0 students and t!o teachers- !ho also served as !ardens- on the top oor o the three3storey school at about 1am on Sept 4# 2 8ernama
+tructure and Roles of &rosecution 0ulic 0rosecutor
0rosecution of criminal cases
Attorney 1eneral
•
•
•
•
•
•
Criminal 0rocedure Code
•
0ulic 0rosecutor in alaysia! Federal Counsel, Senior FC, 300 Article (45 $.! %o institute, conduct or discontinue any proceedings for an offence / po#er to ring criminal charges against a person Section $6* (. C0C! A1 ' 00 shall have control and direction of all criminal prosecutions and proceedings Appointed y the 730A #ith 08s advice Criteria! "ualified to e a judge at Federal Court 9versees all criminal prosecution in the country and in each state :ays do#n rules on! arrest, search of ody/property/premise, police investigation of a case, prosecution of an accused person, procedure for trial and the competent court to try and punish offences
+tructure and Roles of &rosecution Criminal Trials in ●
/i"h Court: serious in nature and demand meticulous attention *perhatian teliti, involve death penalty or the country5s security
●
+essions Court: conducted by DPP *previously done by police,
●
-a"istrate Court: conducted by police
●
●
●
8esides police any public oEcer authorised by !ritten la! or e#"# Custom FEcers under the Customs Act po!er to prosecute cases *menda.!a .es, under their departments# DPP la! "raduate !ho receive trainin" at Judicial and &e"al Institute Police –
receive prosecution courses at Police Colle"e
–
Section 7 *7, Police Act: one o the police duties is to prosecute ofenders in court
In!esti"ation of Criminal Cases ●
●
●
●
&enal Code %3anun 3ese)saan*: declares the circumstances and what act or omission 4 o5ence 6 its punishment Includin" the act(omission done intentionall7 )nowin"l7 !oluntaril7 fraudulentl or dishonestl# Classi0cation of o5ences7 those a5ectin": –
=uman body
–
Property
–
$eputation
–
Public peace
–
Public health G saety
Other statutes desi"ned to punish speci0c o5ences –
Dan"erous Dru" Act H10
.aw ,nforcement A"encies %.,A*
●
●
.,A carr out the sanctions *hu.uman, imposed ' criminal law *main a"ency the police, Functions o police G other &(A is to carry out investi"ation into any ofence: –
Discovery o the crime committed
–
Identi6cation o suspectofender
–
Collection o evidence or prosecution
.aw ,nforcement A"encies %.,A* ●
&olice powers %in!esti"ation*: +ection 89 C&C; –
●
$e;uires every inormation relatin" to the comission o a crime to be !ritten *i "iven orally to the police,
&olice report %0rst information report(FIR*: –
Made early ri"ht ater the act happened
–
Possible abrication is small- inormant5s memory still resh
–
orms the basis o the case- insti"atin" the police into action
–
Inormation entered in a boo. .ept at police station
–
–
–
Details: date and hour- !hen the inormation is "iven G si"nature o the inormant Copy o report "iven to police oEcers !ho !ill investi"ate *called Investi"ation FEcersIF, Must be police oEcers ran. Ser"eant or above oEcer in char"e o the police station
LA) E*F(RCE"E*T The nation%s police force is headed by an &nspector 'eneral of !olice his (eputy and se)en (irectors of (i)isions namely: • the Management (epartment • the Criminal &n)estigation (epartment • The "pecial *ranch • "ecurity and !ublic +rder • and the ,ogistic Management • the Crime !re)ention and Community !olicing (epartment • the (isciplinary (epartment • The &nspector 'eneral of !olice is responsible to the Minister of -ome Affairs $
T/, &O.IC, TA+3+ The police force performs the duties of •
pre)enting crime
•
protection of the general welfare of the people
•
in)estigating and detecting crime
•
identifying and apprehending offenders
•
and prosecuting criminals.
The force also has to perform the onerous tas of • /ungle operations •
tracing down undesirable elements
•
in)estigating the smuggling of drugs arms and other contraband items.
Conduct of In!esti"ation ●
Theor: information recei!ed7 IO shall send FIR to the &&
●
&ractice: IO strai"ht awa carr out in!esti"ation
●
●
●
–
Conduct in;uiries on the spot and visit crime scene
–
Ffender traced and arrested
&ower to arrest –
Police oEcer *can arrest !ithout !arrant or sei>able ofence S#07 CPC,
–
Pen"hulu Private Person *must hand over the arrested person to the nearest police station immediately !ithout necessary delay,
–
Ma"istrate
+ei1a'le o5ence: can arrest !ithout !arrant- ofences punishable !ith death or 7 years imprisonment and above# Non;sei1a'le o5ence: ofences punishable !ith a 6ne only
In+estiation of Criminal Cases &n Malaysia most of the penal pro)isions are contained in the !enal Code. The Code declares what acts or omission are offences and also pro)ides for its punishment. &t specifies the circumstances in which an act or omission will be regarded as an offence. This includes act or omission done intentionally nowingly )oluntarily fraudulently or dishonestly.
Conduct of In+estiation
As soon as the information is recei)ed the in)estigating officer shall send the first information report to the public prosecutor. •
The in)estigating officer will normally straight away carry out the in)estigation.
•
This includes the maing of en0uiries on the spot and the )isit 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 !enghulu the pri)ate person and the magistrate. "ection 3 of the C!C allows a police officer to arrest without a warrant for any sei2able offence committed anywhere in Malaysia
&4#"T&'AT&+ +F C5&M#" 1. The responsibility of the enforcement agencies namely • the 5oyal Malaysian !olice • Anti Corruption Agency • 5oyal Customs and #6cise • "ecurities Commission • Central *an of Malaysia • whilst prosecution is solely in the hands of the Attorney 'eneral
.A<+ R,.AT,D TO IN=,+TI$ATION LA)%,ACT
Criminal !rocedure Code 7Act 893.
Anti Corruption Act 199; 7Act 8;8
"ecurities Commission Act 1993 7Act <9= "ecurities &ndustry Act 19=3 7Act =>
*aning and Financial &nstitutions Act 19=9 7Act 3;
R,/A>I.ITATION T!e Prison Department of "ala#sia is t!e last c!ain of t!e Criminal &ustice %#stem in "ala#sia$ It is responsi'le for detention and re!a'ilitation , correctional acti+ities for people w!o !a+e 'een c!ared in t!e court of law$
Crime Pre+ention %trateies
Some of the prevenve and enforcement measures undertaen !" the Ro"a# Ma#a"s$a %o#$ce are& '( Tar)et*harden$n) re#ated acv$es +( Commun$t" $nvo#vement $n cr$me prevenon
T!e "ala#sian C!ildren &ustice %#stem
According to Articles 3; and <> of the Con)ention on the 5ights of the Child ?19=9@ children in conflict with the law ha)e the right to treatment that promotes their sense of dignity and worth taing into account their age and their reintegration into society
T!e "ala#sian &u+enile &ustice %#stem
• The Ministry of omen Family and Community (e)elopment to de)elop a more holistic solution in addressing matters relating to children in conflict with the law. • This includes di)ersion ?directing children away from /udicial proceedings and towards community solutions@ restorati)e /ustice ?promoting reconciliation restitution and responsibility through the in)ol)ement of the child family members )ictims and communities@ and alternati)es to custodial sentencing ?counselling probation and community ser)ice@. • &n addition there is a need for a multiBdisciplinary approach and for proper recruitment and training of personnel who wor with children.
C!ild -ictims,)itnesses
&n the Malaysian ustice "ystem The Malaysian Child Act >>1D31 defines a Echild as any person below the age of 1=. This definition ac0uiesces to the pro)ision of the Gnited ations Con)ention on the 5ights of the Child ?GC5C@ which Malaysia ha)e signed.
C!ild -ictims,)itnesses
The -uman 5ights Commission of Malaysia ?"G-AHAM@ has suggested that a terminology of words denoting a Echild including Eyoung person E/u)enile Einfant and etc. in other legislations need to be in consistent with the Child Act >>1. 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 >>1
&ROT,CTION ACT 5eform of law and procedures ha)e been significant in the success of applications for )ictims of domestic )iolence especially for women and children. The establishment of the A+ and the settingBup of the first centre for protection and shelter of abused women in Malaysia in 19= pioneered the de)elopment of the reform process on domestic )iolence issues.
&ROT,CTION ACT
It too an e#even*"ear e,ort throu)h var$ous -orshops. campa$)ns and ne)oaons !efore the $mp#ementaon of the Domesc /$o#ence Act '001 2D/A '001314 on the 'st of June '005( Under the D/A. there are t-o t"pes of protecon the v$cms can as for& '( Inter$m %rotecon Order +( %rotecon Order 6( Other orders
Conclusion $
The criminal /ustice system in Malaysia needs to be further impro)ed in a mo)e to allay fear of crime among the public. ,aw enforcement agencies such as the police needs to increase their capabilities in detaining criminals swiftly bring them to /ustice immediately and if possible the courts should deli)er )erdicts as soon as possible. The efforts will help in eliminating the fear of crime among Malaysians.
Conclusion According to a police sur)ey conducted last May the fear of crime rate in the country was 8I per cent and the police aimed to reduce it to <8 per cent by the end of this year. The &'! always reminded the public J(ont speculate. (ont be too emotional ?when discussing the crime rate@ because the crime rate in Malaysia is still under controlK
Conclusion
The problem in Malaysia is that people often too things for granted when they could en/oy peace and security. They should play their role as the Jears and eyesK of the police in combating crime in the country. The police aimed to further impro)e Malaysias position in the 'lobal !eace &nde6 from 19th to 1Ith raning.
THANK YOU
