ADVANCED CRIMINAL

PROCEDURE I
LAW 601/546
DR NADZRIAH AHMAD
FACULTY OF LAW, UITM, SHAH ALAM
SEARCH (PART 2)

Dr Nadzriah Ahmad, Faculty of Law, UiTM, Shah Alam 1

 OBJECTIVES OF THE LECTURE
• To identify and examine the key provisions governing search list in relation
to police powers in conducting search
• To examine the legal framework governing the production of search list
during trial
• To analyse the effects of illegal search
• To examine provisions governing access to premises and seizure of exhibits

Dr Nadzriah Ahmad, Faculty of Law, UiTM, Shah Alam 2

 IMPORTANT PROVISIONS GOVERNING
SEARCH ON PROPERTIES

• Section 64 CPC
• Objective of search list- PP v Lee Soo Lian (1993) 2 CLJ 214
• San Soo Ha v PP (1968) 1 MLJ 34
• The importance of search list- it is to state the place where the exhibits are found
• Section 65 CPC
• Presence of the occupier of the house

Dr Nadzriah Ahmad, Faculty of Law, UiTM, Shah Alam 3

PRODUCTION OF SEARCH LIST AT THE TRIAL

• Liaw Wee Seing v PP [2012] 2 AMR 455

• The production of SL during trial is not necessary-however the production of SL will
demonstrate the integrity of officer who conducted the search.
• What if the search list is not made and not produced during trial?
• San Soo Ha v PP (1968) 1 MLJ 34
• It will not be fatal to the Prosecution’s case but it will cast doubt on the bona fide
of the search conducted by the officers and afford grounds for the Court to
scrutinise the evidence of the officers who conducted the search.
Dr Nadzriah Ahmad, Faculty of Law, UiTM, Shah Alam 4
PRODUCTION OF SEARCH LIST AT THE TRIAL
• When would the production of SL be important during trial?
• PP v Gurchan Singh a/l Mall Singh [1990] 2 CLJ Rep 702
• There is an acute conflict between what is stated in the list and the evidence made by the officer
conducting the search-to facilitate the Court in determining the credibility of the witness.
• Gooi Loo Seng v PP [1993] 2 MLJ 137
• There is a contradiction of evidence between the recovery of the item in the SL and the
statement made by the officer who conducted the search
• Alcontara a/l Ambross Anthony v PP [1996] 1 CLJ 705
• There is an acute conflict between the evidence of the prosecution’s witness and evidence of the
defence in respect of where the exhibits are found. Failure to tender the search list can raise an
adverse inference under Section 114 (g) of the Evidence Act

Dr Nadzriah Ahmad, Faculty of Law, UiTM, Shah Alam 5

 EFFECT OF ILLEGAL SEARCH
• What happened to the admissibility of the evidence recovered (due to non
compliance) if the search is conducted illegally?
• Common Law position: Kuruma v R [1955] 1 All ER 236
• Where a search has been conducted contrary to the provisions of the CPC and
incriminating items are recovered, the admissibility of this item will not be tainted
by the illegality of the search.
• Reiterated in the following cases:
• Saw Kim Hai & Anor v R [1956] MLJ 21
• PP v Seridaran [1984] 1 MLJ 141

Dr Nadzriah Ahmad, Faculty of Law, UiTM, Shah Alam 6

 ACCESS TO PREMISES
• Section 59 (1) of the CPC
• Allows officers who conducted search to have free ingress to the property.
• Section 59 (2) of the CPC
• If ingress is not obtained, the officers who conducted the search, Section 16 (2) of
the CPC can be invoked provided the access is done in accordance with the
prescribed laws.
• The above provisions are applicable to both access to properties with and without
warrant.

Dr Nadzriah Ahmad, Faculty of Law, UiTM, Shah Alam 7

 SEIZURE OF EXHIBITS

• There are some provisions in the CPC which have expressly provided for the
exhibits during search to be seized.
• However, for search without warrant (Section 62 and Section 116 CPC), the
provisions are silent with regards to seizure of exhibits.
• Hence Section 435 of the CPC can be invoked for the above provisions.
• Can an incriminating evidence, unrelated to the original search be seized by the
officer?
• Re Kah Wai Video (Ipoh) Sdn Bhd (1987) 2 MLJ 459
Dr Nadzriah Ahmad, Faculty of Law, UiTM, Shah Alam 8
 THANK YOU

Dr Nadzriah Ahmad, Faculty of Law, UiTM, Shah Alam 9