Being detained by the police can be an overwhelming and frightening experience. However, it is important to remain calm and understand that you have legal rights that are protected under the Malaysian Federal Constitution and the Criminal Procedure Code.
Your Right to Know the Reason for Arrest
Under Article 5(3) of the Federal Constitution, a person who is arrested must be informed as soon as may be of the grounds of his arrest. This means the police officer must tell you why you are being arrested. If they do not, you should calmly ask them to state the reason.
Your Right to Consult a Lawyer
You have the right to consult and be defended by a legal practitioner of your choice. This is guaranteed under Article 5(3) of the Federal Constitution. Upon arrest, you should immediately ask to contact your lawyer. Do not answer any questions or make any statements until your lawyer is present.
Your Right to Remain Silent
You are not obliged to answer any questions put to you by the police beyond providing your name and address. Anything you say can and will be used against you in court. Exercise your right to silence until you have spoken with your lawyer.
The 24-Hour Rule
Under Section 28 of the Criminal Procedure Code, a person who has been arrested without a warrant must be produced before a Magistrate within 24 hours of arrest (excluding travel time). If the police wish to detain you further, they must apply to the Magistrate for a remand order.
What You Should Do
- Stay calm and do not resist arrest
- Ask for the reason for your arrest
- Immediately ask to contact your lawyer
- Do not sign any documents without your lawyer present
- Do not make any statements to the police without legal advice
If you or a loved one has been arrested, contact JVA & Co immediately at 016 606 4228. We are available to assist you through this difficult time.
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