The General Overview of The Arrest Procedure

The arrest procedure in Malaysia is governed by the Criminal Procedure Code (CPC) and other relevant laws (depending on the case facts). Here is a general overview or outline one can know about the arrest procedure carried out in Malaysia :-

The First aspect which will be given importance is the Grounds for Arrest: An arrest in Malaysia is typically carried out by the police when they have reasonable grounds to believe that a person has committed or is about to commit a criminal offense.

An arrest can happen as to a Warrantless Arrest: In certain situations, the police can make a warrantless arrest. These situations include when an offense is committed in the presence of a police officer, or when the police officer has reasonable grounds to believe that a person has committed a non-bailable offense. As well as a Warrant of Arrest can be issued, if the police have evidence to believe a person has committed a bailable offense, they can apply for a warrant of arrest from a magistrate. This warrant authorizes the police to arrest the individual.

It's important to take note on Informing the Arrested Person: Upon arrest, the police are required to inform the person being arrested of the grounds for arrest and the offense they are being charged with. This is to ensure that the person being arrested is aware of the reasons for their arrest.

In accordance with the law, an arrested person has the Right to Legal Representation: An arrested person has the right to be informed of their right to legal representation. They can also communicate with a lawyer of their choice. This right helps to ensure that the arrested person's legal rights are protected during the legal process.

The police will further proceed with Recording of Arrest: The police are required to prepare a written record of the arrest, including details such as the time, place, reason for arrest, and personal particulars of the arrested person.

Instances of a Search procedure conducted on a  Arrested Person: After arrest, the police can search the arrested person for any evidence related to the offense. This search must be conducted with respect for the person's dignity and privacy.

Duration of Detention for the arrested person: Once arrested, the police have the authority to detain the person for a certain period for the purpose of investigation. The duration of detention can vary based on the type of offense.

Granting of  Bail: Depending on the offense, the arrested person might be eligible for bail. Bail allows the person to be released from custody while the legal process continues, provided they comply with certain conditions.

Under Remand: If the police require more time for investigation, they can apply to a magistrate for a remand order, which allows them to continue detaining the person for a specific period. The court must be satisfied that there are valid reasons for the remand.

Written by: Pradeep Raj Sivanesan