Q6 ARREST

Who can issue a warrant of

arrest? State the circumstances
under which it may be issued.
PRESENTED BY:
CHIANG YI | WONG KAR LING | LIM JIA YING | TING YUNN LU
 STRUCTURE OF PRESENTATION

2. Circumstances
3. Procedures of
1. Who can issue a that warrant of
Arrestment with
warrant of arrest? arrest may be
Warrant of Arrest
issued
1. WHO CAN ISSUE A WARRANT OF ARREST?
S5(1) Subordinate Courts Act 1948
• A warrant may be issued by a Session Court or its registrar,
or Magistrate’s Court. Such warrant shall be sealed with
the seal of the court issuing or making the same.
 FORM OF WARRANT OF ARREST
S38(1) CPC
• Every warrant of arrest issued by a Court under this Code shall be in
writing and signed as provided by the Courts of Judicature Act 1964,
or the Subordinate Courts Act 1948, and shall bear the seal of the
Court.
S38(2) CPC
• Every such warrant shall remain in force until it is cancelled by the
Court which issued it or until it is executed.
2. CIRCUMSTANCES THAT WARRANT OF
ARREST MAY BE ISSUED
S2(1) CPC: warrant case

• A case relating to an offence punishable with death or with imprisonment for a term
exceeding six months

S47 CPC: Issue of warrant in lieu of or in addition to summons

• A warrant can only be issued in lieu of a summon if the court believes that the
accused may abscond or disobey the summons before issue of summons; or the
accused fails to appear in court after the issue of summons.

Fourth column of the First Schedule to the CPC

 Karpal Singh v PP [1986] 2 MLJ 316
FACTS:
A lion dance organised by DAP was held without a permit. The accused was
alleged to have committed an offence under the then S27(5)(a) of Police Act,
punishable with fine not exceeding RM500 or imprisonment not exceeding 6
months or both. The police applied for and obtained a warrant of arrest issued
by the Magistrate’s court. The accused was arrested and released on police bail.
The accused appealed to the HC to set aside the warrant of arrest contending
that the Magistrate had no lawful authority to issue a warrant as the offence
was a summons case under S2(1) of the CPC.
(cont.) Karpal Singh v PP [1986] 2 MLJ 316
HELD:
The offence was a summons case and no warrant was required and a
magistrate can only issue a warrant of arrest in lieu of a summons (in
summons case) if such power is exercised in accordance with S47 of
the CPC. In this case, S47 was not satisfied and hence the issue of
the warrant was unlawful.
 3. PROCEDURES OF ARRESTMENT WITH
WARRANT OF ARREST
S40(1) CPC
• A warrant of arrest shall ordinarily be directed to the Inspector
General of Police and all other police officers of Malaysia, and any
police officer may execute the warrant in any part of Malaysia.

S40(2) CPC
• The Court issuing a warrant may direct it to any person or persons
by name not being police officers and all or any one or more of such
persons may execute the same.
S41 CPC
• The police officer or other person executing a warrant of arrest shall
notify the substance thereof to the person arrested and if so required shall
show him the warrant or a copy thereof under the seal of the Court issuing
the warrant.

S42 CPC
• The police officer or other person executing a warrant of arrest shall,
subject to the provisions of section 39 as to security, without unnecessary
delay bring the person arrested before the Court before which he is
required by law to produce that person.
 S42 CPC: “without necessary delay” - Kuan Kwai
Choi v AK Zaidi bin PG Metali [1993] 2 MLJ 207
FACTS:

An inspector arrested the

A warrant of arrest was The defendant drove to
plaintiff and brought her DSP Kamaludin at 4pm
issued authorizing police the central police station
to the police station ordered the defendant to
officers to arrest the at 11am and wrote to DSP
where she was locked up take the plaintiff to court.
plaintiff Kamaludin.
at about 10.30am.

Before 4.30pm, the

defendant signed a The plaintiff was kept in
minute stating that he custody for 52 hours
The court did not answer.
could not bring the before being finally taken
plaintiff to court in time before the court .
that day.
 (cont.) Kuan Kwai Choi v AK Zaidi bin PG
Metali [1993] 2 MLJ 207
HELD:
There was nothing in the said warrant which authorized the detention of a person arrested
under it. Under s 47 of the Criminal Procedure Code ('the CPC') it is provided that the police
officer, or other person executing a warrant of arrest shall 'without unnecessary delay' bring
the person arrested before the court.
If a court is not sitting, or a magistrate is not available at the time when the arrest took place
such circumstances may be regarded as a necessary delay. The plaintiff was arrested shortly
after 10am and the magistrate should have been available for some six hours thereafter.
The court found that there was unnecessary delay in this case as no effort was made to
take the plaintiff in front of a magistrate during that time.