DLE 1214 Introduction To Law Enforcement

CHAPTER 4
 Chapter 4:
The Criminal Justice
System In Malaysia
Prepared by Miss Aishah
 INTRODUCTION

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.
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.
The Administration of Justice

The Criminal Justice Administration

involves:

law enforcement
prosecution and
the courts

Different from a parliamentary democracy

which consist of the executive, the
legislative and the judiciary.
 Fundamental principle: Innocent until proven guilty
The criminal justice system provides various
safeguards to protect accused persons.
Duty of the police force:
To investigate an offense
To maintain law and order
Duty of the Attorney General (Public
Prosecutor/Pendakwa Raya):
To decide whether a person should be charged with a crime
or not.
CRIMINAL JUSTICE SYSTEM

ENFORCEMENT

ADJUDICATION CORRECTION

6
 PROSECUTION OF
CRIMINAL CASES IN
COURTS.

Federal Courts
Superior Courts.
Courts of Appeal
Courts of Judicature Act.
High Courts of Malaya.

Sessions Court
Magistrate Court Subordinate Courts.
Syariah Courts. Subordinate Courts Act.

Courts for Children.

Special Court.
Child Act.
Syariah Court.
Constitutional Amendment
Act.
Adm. Of Islamic Law.
Hierarchy and Jurisdiction of Court

An avenue (jalan) for those who suffer grievance (aduan), to

seek redress (ganti rugi) or to be punished.
 PROSECUTION OF
CRIMINAL CASES IN
COURTS.

Federal Courts
Superior Courts.
Courts of Appeal
Courts of Judicature Act.
High Courts of Malaya.

Sessions Court
Magistrate Court Subordinate Courts.
Syariah Courts. Subordinate Courts Act.

Courts for Children.

Special Court.
Child Act.
Syariah Court.
Constitutional Amendment
Act.
Adm. Of Islamic Law.
 COURT JURISDICTION
FEDERAL COURT Final court of appeal
Appellate, Supervisory, Advisory
Consist of Chief Justice + 2 other judges of High Court /
greater uneven number
COURT OF APPEAL Appellate jurisdiction: Hear all appeals on question of
law/ sentences from subordinate courts
3 judges decide on appeal
HIGH COURT Try all offences, max sentence= death
Appellate jurisdiction: hear appeals of cases from
subordinate courts
1 judge
SESSIONS COURT Try all offences except those punishable with death
1 judge
FIRST CLASS Try all offences punishable with imprisonment max 10
MAGISTRATES COURT years BUT sentencing power only max 6 years
Also perform duties in the Court for Children (age 10-
18 years) with 2 advisors hearing all cases except those
punishable with death. Aim to rehabilitate and prevent
their development as criminals

SECOND CLASS Sentencing max 12 months imprisonment

MAGISTRATES COURT
Police Report on Tahfiz Fire Sent to
AGs Chambers
KUALA LUMPUR, Sept 25 The police have sent to the
Attorney-Generals Chambers a report on their
investigation into the fire that claimed 23 lives at a
religious residential school here.

Bukit Aman CID director Datuk Seri Wan Ahmad Najmuddin

Mohd said the report on the fire at the Darul Quran
Irrifaqiyah school in Jalan Keramat Ujung, Kampung Dato
Keramat, was handed over this morning.

The police probe was conducted under Section 302 of the

Penal Code for murder and Section 435 for mischief by fire,
he said to reporters during a working visit to the
Terengganu Police headquarters here. Also present were
CID deputy director Datuk Huzir Mohamed and Terengganu
Police chief Datuk Aidi Ismail.

We will wait for instructions from the Attorney-Generals

Chambers on the charges to be brought in the case, said
Wan Ahmad Najmuddin.

The police have arrested seven boys between the ages of

11 and 18 to assist in the probe into the fire, established
as arson, that burnt to death 21 students and two
teachers, who also served as wardens, on the top floor of
the three-storey school at about 5am on Sept 14.
Bernama
Structure and Roles of Prosecution

Public Prosecutor Prosecution of criminal cases

Attorney General Public Prosecutor in Malaysia: Federal Counsel, Senior FC, DPP
Article 145 (3): To institute, conduct or discontinue any
proceedings for an offence / power to bring criminal charges
against a person.
Section 376 (1) CPC: AG = PP - shall have control and direction
of all criminal prosecutions and proceedings
Appointed by the YDPA with PMs advice
Criteria: qualified to be a judge at Federal Court
Oversees all criminal prosecution in the country and in each
state.

Criminal Procedure Lays down rules on: arrest, search of body/property/premise,

Code police investigation of a case, prosecution of an accused person,
procedure for trial and the competent court to try and punish
offences.
Structure and Roles of Prosecution

Criminal Trials in
High Court: serious in nature and demand meticulous attention
(perhatian teliti) involve death penalty or the countrys security

Sessions Court: conducted by DPP (previously done by police)

Magistrate Court: conducted by police
Besides police any public officer authorised by written law for e.g.
Custom Officers under the Customs Act power to prosecute cases (mendakwa kes)
under their departments.
DPP law graduate who receive training at Judicial and Legal
Institute
Police
receive prosecution courses at Police College
Section 3 (3) Police Act: one of the police duties is to prosecute offenders in
court
Investigation of Criminal Cases

Penal Code (Kanun Keseksaan): declares the

circumstances and what act or omission = offence & its
punishment
Including the act/omission done intentionally,
knowingly, voluntarily, fraudulently or dishonestly.
Classification of offences, those affecting:
Human body
Property
Reputation
Public peace
Public health & safety
Other statutes designed to punish specific offences
Dangerous Drug Act 1952
Law Enforcement Agencies (LEA)

LEA carry out the sanctions (hukuman)

imposed by criminal law (main agency
the police)
Functions of police & other LEA is to carry
out investigation into any offence:
Discovery of the crime committed
Identification of suspect/offender
Collection of evidence for prosecution
Law Enforcement Agencies (LEA)

Police powers (investigation): Section 107 CPC-

Requires every information relating to the comission of a crime to be
written (if given orally to the police)
Police report (first information report/FIR):
Made early right after the act happened
Possible fabrication is small, informants memory still fresh
Forms the basis of the case, instigating the police into action
Information entered in a book kept at police station
Details: date and hour, when the information is given & signature of
the informant
Copy of report given to police officers who will investigate (called
Investigation Officers/IO)
Must be police officers rank Sergeant or above / officer in charge of
the police station
 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
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.
Conduct of Investigation

Theory: information received, IO shall send FIR to the PP

Practice: IO straight away carry out investigation
Conduct inquiries on the spot and visit crime scene
Offender traced and arrested
Power to arrest
Police officer (can arrest without warrant for seizable offence S.23 CPC)
Penghulu / Private Person (must hand over the arrested person to the nearest
police station immediately without necessary delay)
Magistrate
Seizable offence: can arrest without warrant, offences punishable
with death or 3 years imprisonment and above.
Non-seizable offence: offences punishable with a fine only
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
 INVESTIGATION OF CRIMES

1. The responsibility of the enforcement agencies, namely,

the Royal Malaysian Police
Anti Corruption Agency
Royal Customs and Excise
Securities Commission
Central Bank of Malaysia
whilst prosecution is solely in the hands of the
Attorney General
 LAWS RELATED TO
INVESTIGATION
LAWS/ACT

Anti
Criminal Securities Commission ], Banking and
Corruption Act 1993 [Act 498], Financial Institutions
Procedure Act 1997 [Act Securities Industry Act
Code [Act 1983 [Act 280],
Act 1989 [Act 372],
575
593].
 REHABILITATION

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
The Malaysian Children 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 Malaysian Juvenile Justice System

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 2001/31
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.
 Child Victims/Witnesses

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.
 PROTECTION ACT

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
 Conclusion
.

The criminal justice system in Malaysia

needs to be further improved in a move to
allay fear of crime among the public. Law
enforcement agencies such as the police
needs to increase their capabilities in
detaining criminals swiftly, bring them to
justice immediately and if possible, the
courts should deliver verdicts as soon as
possible. The efforts will help in eliminating
the fear of crime among Malaysians.
 Conclusion

According to a police survey conducted

last May, the fear of crime rate in the
country was 56 per cent and the police
aimed to reduce it to 45 per cent by the
end of this year. The IGP always
reminded the public Dont speculate.
Dont be too emotional (when
discussing the crime rate) because the
crime rate in Malaysia is still under
control,
 Conclusion

The problem in Malaysia is that people

often took things for granted when they
could enjoy peace and security. They
should play their role as the ears and
eyes of the police in combating crime
in the country. The police aimed to
further improve Malaysias position in
the Global Peace Index from 19th to
16th ranking.
THANKYOU
 References:

Abdul Razak Bin Haji Mohamad Hassan (1998) THE ADMINISTRATION

OF CRIMINAL JUSTICE IN MALAYSIA: THE ROLE AND FUNCTION
OF PROSECUTION.