Tatacara Jenayah 1

UUUK4033

DR. MUHAMAD HELMI BIN MD. SAID, FUU UKM

Arrest of An Offender
 HAPPY WATCHING

MR BEAN
 Introduction

šArrest is the first step in criminal

proceeding against a suspected person
šIt refers an apprehension of a person by a
legal authority resulting in deprivation of
his personal liberty
šThe word arrest is not defined in the CPC
but s.15(1) sets out the manner in which an
arrest ought to be made
 SECTION 15 CPC

š(1) In making an arrest the

police officer or other person
making the same shall actually
touch or confine the body of the
person to be arrested unless
there is a submission to the
custody by word or action.
š(2) If such person forcibly
resists the endeavour to arrest
him or attempts to evade the
arrest such officer or other
person may use all means
necessary to effect the arrest.
š (3) Nothing in this section
gives a right to cause the
death of a person who is not
accused of an offence
punishable with death or with
imprisonment for life.
 CASES

š Shaaban& Ors v Chong Fook Kam& Anor(1969)2

MLJ 219
š Jayaraman v PP(1982)2 MLJ 306
š PP v Kang Ho Soh (1992) 1 MLJ 360
š PP V Shee Chin Wah(1998)5 MLJ 429
š Lim Hock Boon v PP (2007) 1 MLJ 46
š Megat Hashim Omar v PP(2009) 1 CLJ 154
š Lee Cher Joo & Lee Sujan v Mohd Sharif(2009) 9
MLJ 352
Person Who may Arrest

šPolice Officer
šPenghulu
šMagistrate
šJustice of Peace
šA Private Person
 Arrest without Warrant
šSection 23 of the CPC empowers
police officers to arrest without a
warrant
šPara (a) to (k) of section 23(1) set out
the circumstances where arrest
without warrant maybe made
šThe most important paragraph is
para (a) as it is the most resorted to
provision in section 23(1) of the cpc
 Section 23(1) (a) CPC
š23. (1) Any police officer or penghulu may
without an order from a Magistrate and
without a warrant arrest—
š(a) any person who has been concerned
in any offence committed anywhere in
Malaysia which is a seizable offence under
any law in force in that part of Malaysia in
which it was committed or against whom
a reasonable complaint has been made
or credible information has been received
or a reasonable suspicion exists of his
having been so concerned;
šThe word complaint is defined
under section 2(1) CPC
“complaint” means that
allegation made orally or in writing
to a Magistrate with a view to his
taking action under this Code that
some person whether known or
unknown has committed or is
guilty of an offence
“Reasonable Complaint”

šTan Kay Teck & Anor v AG

(1957) 1 MLJ 237
šYang Moi Sin v Kerajaan
Malaysia (2000) 1 MLJ 35
 “Credible Information”

šHashim B Saud v Yahaya B

Hashim &Anor(1977) 1 MLJ
259
šYong Moi Sin V Kerajaan
Malaysia(2000) 1 MLJ 35
 “Reasonable Suspicion”
šTan Eng Hoe V AG (1933) MLJ 150
šMahmood V Government of
Malaysia (1974)1 MLJ 103
šShaaban v Chong Fook Kam(1969) 2
MLJ 219
šNor Maziah V Mohd Haris
Abd.Rahim(2009) 8 AMR 480,(2009) 8
CLJ 681
6 MINUTES BREAK FOR
 Arrest by a Private Person

š27. (1) Any private person may arrest

any person who, in his view, commits
a non-bailable and seizable offence
or who has been proclaimed under
section 44 and shall without
unnecessary delay hand over the
person so arrested to the nearest
police officer or, in the absence of a
police officer, take that person to the
nearest police station.
šThe Meaning of the phrases
“in his view” and “without
unnecessary delay” in S.27(1)
are crucial in determining the
legality or otherwise of such
arrest and they are discussed
by the courts in the following
cases
 The meaning of “in his View”

šSam Hong Choy v PP (1999) 4

MLJ 433
šDurga Singh(1963)1 GR Lj 827
šKartar Singh v State (AIR) 1956
Punj 122
šWalter v MH Smith Son Ltd
 The meaning of “without
unnecessary Delay

šCase: John Lewis &Co Ltd v

Tims (1952) 1 All ER 1203
Arrest with warrant: Person arrested to
be brought to court without delay

š42. 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.
šKuan Kwai Choi V AK
Zaidi bin PG Metali(1993)
2 MLJ 207
 Arrest to prevent Seizable
Offence
šS.105 CPC
A police officer knowing of a
design to commit any seizable
offence may arrest without orders
from a Magistrate and without a
warrant the person so designing if
it appears to the officer that the
commission of the offence cannot
otherwise be prevented.
šA police officer can arrest a
person without a warrant if
the officer knows of a design
to commit any seizable
offence and he or she
believes that the arrest of the
person is necessary to
prevent the commission of
the offence
šMahfuz Omar v. Inspector
Mohd Zaid(2013) 2 CLJ 541
Arrest by Magistrate or Justice
of the peace
šS.30. When any offence is committed
in the presence of a Magistrate or
Justice of the Peace within the local
limits of his jurisdiction he may himself
arrest or authorize any person to
arrest the offender, and may
thereupon, subject to the provisions
herein as to bail, commit the
offender to custody.
šS.31. Any Magistrate may at
any time arrest or authorize
the arrest in his presence
within the local limits of his
jurisdiction of any person for
whose arrest he is competent
at the time and in the
circumstances to issue a
warrant.
šHariharanand V The Jailor
(AIR) 1954 All 601
 ARREST
PERSON WHO MAY ARREST

1. ARREST WITHOUT WARRANT BY POLICE 2. PRIVATE PERSON

OFFICER OR PENGHULU UNDER-
• S 23 (1)(a) CPC where • S 24 (1) CPC:
seizable offence has been
committed; may arrest any
person:
-concerned in any such
offence; or
-against whom
reasonable complaint has
been made;
(Tan Kay Teck) or
-against whom credible
information has been
received; (Hashim bin
Saud v Yahaya Hashim)
or • S 24 (3) CPC
-against whom reasonable
suspicion exists; Tan Eng
Hoe; Shaaban, Mahmood
v Govt, Masa ak Nangkai;
Saul Hamid b Pakir
Mohamad; Nor Maziah v
Mohd Haris Abd Rahim
&Ors;Lee Cher Joo v
Mohd Sharif Othman.
• S 27 (1) CPC:
-where non-seizeable -arrest any person who, in his
offence is committed view commits a non-bailable and
or is accused of seizeable offence or has been
committing in the proclaimed under s 44; and
presence of police -shall without unnecessary delay
officer or penghulu; hand over him to the nearest
and police officer or police station.
-refuses to give name (John Lewis v Tims)
and address; or if
given is believed to • Two Interpretations to “ in his
be false. (saul Hamid view”:
bin Pakir Mohamad). (a) “ in his sight”- Durga Singh;
Kartar Singh;Metro (Golden
Mile).
(b) “in his opinion”- Sam Hong
Choy. The words “in his view”
means in his presence or
within his sight.

• S 23 (1)(b)-(k) CPC.

• Ss 106A and 106B CPC

as amended:
Only police officer may
arrest in relation to
terrorism offences.
• S 25 CPC: How persons arrested by penghulu 3. Magistrate/Justice of
(duly abolished) are to be dealt with Peace

- Penghulu shall without unnecessary delay hand • S 30 CPC

over the person arrested without a warrant to the • S 31 CPC
nearest police officer or police station; and • Hariharanand v The Jailor
- -police officer shall re-arrest that person arrested
according to ss 23 or 24
FROM BALJIT SINGH’s Book
Thank you