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Arrest - CPC
Arrest - CPC
Definition
= Apprehension of a person by legal authority
resulting in deprivation of his personal liberty.
Section 15 of CPC
An arrest may be made in the following manner: (a) by actually touching the body of the person
to be arrested
(b) by actually confining the body of the person
to be arrested
(c) where there is submission to custody by word
or action.
Alderson v Booth
Jayaraman v PP (FC)
Held =
BEFORE - there could be no lawful arrest unless
there was an actual seizing or touching
NOW - that is no longer the law.
may be arrest by mere words by saying I
arrest you without touching provided the Df
submits and goes with the police officer
May be any form of words use and it was
calculated to bring and did bring to the Dfs
notice that he was under compulsion and later
he submitted to that compulsion
If there is an arrest, there must be a caution.
If theres an arrest and no caution, then it is
inadmissible.
Mode of Arrest
Section 15 of CPC
(a) Where
actual
arrest
required before caution is
administered
An arrest may be made in the following manner: (a) by actually touching the body of the person
to be arrested; or
(b) by actually confining the body of the person
to be arrested; or
- restrain within a perimeter
(c) where there is submission to custody by word
or action.
Jayaraman v PP
Suffion LP = There was no arrest and hence the
statement were admissible even no caution was
administered
Nurul Amirah binti Mohd Nizam
MMU
PP v Rosyatimah
The court here seems to suggest there can be a
constructive arrest.
Acting on information, PO raided a shop house.
Upon searching, Police found a bag of cannabis.
When asked, 1st accused said it belonged to her
bf, 2nd accused.
Held = 1st accused was under arrest when she
made the statement that the bag belong to her bf
after police found the cannabis in the bag. Since
no caution, her statement is inadmissible.
Zaleha Zahari J
Law of arrest is governed by written law
w/o
warrant
REASONABLE
COMPLAINT
S23(1)(a) CPC
where any seizable offence has been committed
anywhere in Malaysia, any police officer or
penghulu may arrest without warrant any person
concerned in any such offence :
a) against whom a reasonable complaint has
been made
b) against whom a credible information has been
received
c) against whom a reasonable suspicious exists
SEIZABLE OFFENCE
= police officer may arrest without warrant.
- offence under the Penal Code: punishable with
imprisonment of 3 years and above
- Sec 2
- Sec 23(1)(a) - situations which empowers
police officer/penghulu to arrest
warrant
without
- Sec 27(1)(b)-(k)
-
NON-SEIZABLE OFFENCE
= arrest with warrant.
- Offence under the PC which are punishable
with imprisonment less than 3 years
- Sec 323 of PC
CREDIBLE
INFORMATION
= Any information that is reliable / can be
believed
= In formation which in the judgement of PO is
credible in the particular case need not be
sworn statement
= Bare assertion without anything more cannot
amount to credible information
REASONABLE
SUSPICIOUS
Shaaban v Chong Fook Kam
& Mahmood v Gov. of Msia
Held = It was a lawful arrest based on a
reasonable suspicion. Whether there is a
reasonable suspicion on a particular case depends
on the facts and for the Court to decide.
= reasonable suspicion does not require a high
degree of proof.
Sec 32
(3) Magistrate /
Justice of Peace
Sec 30
Empowers a magistrate and JoP to arrest person
committing offence in his presence within his
local jurisdiction.
Sec 31
Only magistrate may authorize or arrest at any
time for whose arrest he is competent at the time
& circumstances to issue warrant.
Arrest
(NS0)
warrant
Police Officer
Magistrate and JoP
Sec 30
Sec 31
Arrest by Magistrate
-
Sec 32