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Putri Aina Antasha Binti Suzahim / PID20201

ENGLISH FOR LAW


Comparison of Police Arrest Procedures


US 1. Vital Information is
Recorded

(United 2. Mug Shot

states) 3. Clothing and Personal


Property Confiscated

4. Fingerprinting

5. Full-Body Search
Getting Out After the Booking Procedure

6. Check for Warrants
It's important to note that individuals
who are arrested for some minor
offenses may be released after signing 7. Health Check
the citation, in which they promise to
appear in court at a later date. For those
who are placed in jail after an arrest, the 8. Incarceration
first priority is usually getting out. Except
when very serious crimes are charged, a
suspect can usually obtain pre-trial
release through bail or "own
recognizance" release.

Uk
(united kingdom)

identify themselves as the police


tell you that you’re being arrested
tell you what crime they think you’ve committed
explain why it’s necessary to arrest you
explain to you that you’re not free to leave

If you’re under 18 the police should only arrest you at school if it’s unavoidable,
and they must inform your headteacher. The police must also contact your
parents, guardian or carer as soon as possible after your arrival at the police
station.
SCOTLAND
identify themselves as the police,
especially if they are not in
uniform
tell you that you're being arrested
tell you the crime they think
you've committed
explain why it's necessary to
arrest you
tell you that you don't need to say
anything other than giving your
name, address, date and place of
birth and nationality
The police have powers to search you when you're
arrested
MALAYSIA
1. Informs you that he is arresting you
2. Uses force to restrain you; or
3. Makes it clear that he will use necessary force to prevent you from going
where you may want to go

It depends on the offence of which you are suspected. A police officer can arrest you without a warrant if you are suspected of a
seizable offence, i.e. an offence which is punishable with death or imprisonment of 3 years and above. [You may refer to the third
column of the First Schedule of the CPC]

Section 19(1) of the CPC provides that a police officer may use reasonable force to apprehend you if you resist arrest. However,
whether force is required depends on the circumstances, such as whether you are armed and whether you indicate the intention
to resist arrest.

Your rights upon arrest are stated in Article 5 of the Federal Constitution, which is further codified in section 28A of the CPC

The police may either detain you for only 24 hours (to carry out investigations such as to interview you or take your blood and
urine samples for testing) or bring you before a Magistrate to apply for an order to detain you further.

Police bail (also referred to as "jamin mulut") is the process by which the police releases you from detention, based on your
promise to attend Court when asked to. Police bail may be given after your arrest and before being charged in Court.
comparison and
difference
US has a very different procedure than
other countries. in the UK and also in
SCOTLAND, they have many similarities
except in the UK they detain until the case
is completed while in SCOTLAND they tell
the suspect to be quiet and they will find
information about the suspect
themselves. in MALAYSIA, they use
coercion a lot because the suspect always
runs away from the police and makes the
police stricter.
THANK YOU!
SARANGHAE

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