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Vixey
12-12-2005, 03:28 PM
10 THINGS YOU SHOULD KNOW IF YOU ARE ARRESTED

1. HOW TO DEFINE ARREST? ONLY WHEN...

1. The police say "you are under arrest"
2. The police handcuff you
3. You are prevented from leaving a room, a site etc by the police.

2. WHAT IF YOU ARE STOPPED BY THE POLICE (while walking away, driving home etc.)

1. You may be questioned. ONLY give your particulars i.e. name, IC number, address. You may also be asked to show your IC.
2. You don't have to answer any other questions.
3. Always ask for the police's identification. Always take down their name andID number.
4. Take down the number of the patrol car.

3. IF YOU ARE ASKED ANY OTHER QUESTION

1. Ask the police "Am I under arrest?"
2. If he/she says "yes", do not answer any more questions. It is your right to only answer questions in court.
3. If he/she says "no", you may leave anytime.

4. IF YOU ARE BEING ARRESTED

1. Alert the people near you.
2. If you have a handphone, call your friend, family or lawyer. If you are arrested in the areas between Jalan TAR and Dataran Merdeka, you will most likely be taken to Dang Wangi (Stadium) police station and Campbell police station. Ask your friend, family or lawyer to go first to Dang Wangi police station to verify your arrest and whereabouts.
3. Note down the time you were arrested.

5. AFTER ARREST, THE POLICE MUST TELL YOU

1. Why you are arrested.

6. AFTER ARREST

1. The police can only keep you in the lockup for 24 hours, regardless whether it's a public holidary or the weekend. This is your CONSTITUTIONAL rights. After the 24-hour period expires, the police must bring you before a magistrate for remand (a stay in the police lockup to "assist" their investigation). Otherwise you will be released either on police bail (jamin mulut) or charged in court. Once charges, you need a bailer and money unless it's an unbaileable charge.
2. You can't bring anything into the lockup except for the clothes you have on. When the police take your things away, you must sign for it. If you have money or bank/credit cards, make sure you count your money and make the police write down how much you had on, and which bank/credit cards you have.
3. You may be asked to give a 113 statement (cautioned statement). The police officer taking your statement must read you your rights.

7. POLICE QUESTIONING

1. Be careful when answering verbal questions put by the police. It may be in a form of friendly questions about the weather, your family etc. to relax you. Think twice before answering them as it can be used against you in court. Remember, the police's work is to make sure they have enough evidence to charge you, not to have friendly conversation.
2. If the police asks you to give a 113 statement, you must give your particulars eg. your name, IC etc. And find out the name of the officer. Any other questions, we STRONGLY advise you not to answer until your day in court, and together with your lawyer. It is your right! Whatever you may say, can be used against you or your friends. You can answer all other questions like this way:
Q: Were you at Dataran in the afternoon?
A: I will only answer all questions in court.
Q: How did you get to Dataran this afternoon?
A: I will only answer all questions in court.
Q: Did your mother prepare lunch for you before you left?
A: I will only answer all questions in court.
3. If the police officer taking your statement threatens you verbally or behave in a threatening manner, you must stop giving your statement immediately. Stay calm and tell him/her "I cannot continue with my statement because you are threatening my safety. I want this to be noted in my statement." If he/she doesn't do type your objection, wait until the end of your statement. But if he/she continues to threaten you, leave the room and alert the other officers and ask for their 'protection'.
4. When you finish answering all questions, the police officer will allow you to read your statement. He/she will ask you if you have anything to add, change, delete. This is when you correct any mistakes on the statement or add any other comments. E.g. If you have been threatened during questioning or assaulted during your arrest etc. this is another opportunity for you to say it. The police officer must type all that out. You will be asked to sign your statement. Go through it thoroughly and sign your name as close to the ending paragraph as possible, so that no one can tamper with it.

8. IF YOU ARE BROUGHT IN FRONT OF A MAGISTRATE (For Remand)

1. If you don't have a lawyer, you must insist legal representation. The Legal Aid Centre has lawyers stationed at courts for this purpose.
2. Tell the magistrate if you have any grievances e.g. if you were beaten up, threatened; if you are feeling ill, need medication etc.

9. IF YOU ARE BROUGHT IN FRONT OF A MAGISTRATE (For Charges)

1. Again, you mut insist on legal representation.
2. Make sure you have someone to bail you out. If you have not been able to contact your family or friends, ask permission from the magistrate to assist you in contacting your family. Otherwise you can ask your lawyer. Your family will have to bring money to bail you out, which must be in the form of an account opened in a bank closest to the courts. Ask your lawyer or your magistrate where this bank is. No other form of payment (cash, cheque etc.) is accepted by the courts.

10. IF YOU ARE BEATEN IN CUSTODY

1. After you are freed on bail, make sure you go to a government clinic or hospital to have a medical checkup. Make sure you know the name of the doctor and the reference number to your medical report as you can use this later in court.
2. If you are still in remand, make sure you tell the magistrate that you need to go to the hospital or clinic.

Source:Suaram (http://suaram.net/citizenadvice.htm )

JackRyan1975
12-12-2005, 04:56 PM
3. If the police officer taking your statement threatens you verbally or behave in a threatening manner, you must stop giving your statement immediately. Stay calm and tell him/her "I cannot continue with my statement because you are threatening my safety. I want this to be noted in my statement." If he/she doesn't do type your objection, wait until the end of your statement. But if he/she continues to threaten you, leave the room and alert the other officers and ask for their 'protection'.
4. When you finish answering all questions, the police officer will allow you to read your statement. He/she will ask you if you have anything to add, change, delete. This is when you correct any mistakes on the statement or add any other comments. E.g. If you have been threatened during questioning or assaulted during your arrest etc. this is another opportunity for you to say it. The police officer must type all that out. You will be asked to sign your statement. Go through it thoroughly and sign your name as close to the ending paragraph as possible, so that no one can tamper with it.


Thanks Vixey for the informative piece. But the recommended actions in bold above sounds too good to be allowed.

GreenBug
12-12-2005, 11:26 PM
I thought the thread should instead be "Who" you should know when arrested instead of "What" you should know, this is Bolehland, no? :rolleyes:

Anyway, very nice of you Vixey to share the above with us. I was just kiddin'..... :D

Vixey
13-12-2005, 12:33 AM
No problem guys..I understand totally! :D

But when you are caught in a situation like that, sometimes you don't realise what they can or cannot do. And you end up feeling intimidated.

Anyway, this was "inspired" by my German friend's experience last Friday after getting picked up in a raid.
:(

mlkok
13-12-2005, 01:17 AM
All said and done, whether we know our rights and demand for it is not the important issue. Do the police know that we have such rights is a very big question mark "?"

bobkee
13-12-2005, 12:28 PM
As long as we continue to not assert these rights, they will continue to trample it. So it's a Catch 22 situation. I have asserted my rights on a few different incidents, one of which is documented here (http://www.bobjots.org/archives/001085.php).

It was inconvenient but the satisfaction of having a police officer apologise to you is priceless :)

usj18leong
13-12-2005, 01:47 PM
I have friend being arrested for gambling. These are some of the experience :

a. the police took away their handphones and if they want to make phone call, they can use the phone at the police station at the rate of RM200 per call.
b. if you want to stay in the lockup with others (drug edicts, ...), it is free of charge. But if you want to have a seperate room, that would be RM 300 per person.
c. in the morning, rice with a kind of fish (looks like boiled ikan kembung) was provided. The fish was smelly and not possible to be consumed. Nevermind, you can order chicken rise for RM 200 per packet.

How do you apply the 10 guidelines to such case ?

bobkee
13-12-2005, 02:01 PM
Inform your lawyer about the situation and insist on making a formal complaint to the station officer. If the latter is refused, make a police report in the same station and after that, if your lawyer is unable or unwilling to do anything about it, contact the Bar Council's Legal Aid Bureau and/or Suaram.

Timo
13-12-2005, 03:01 PM
Good tips. Especially for someone like me; its not a matter of IF I use them, its a matter of WHEN.

hezron
13-12-2005, 04:40 PM
All said and done, whether we know our rights and demand for it is not the important issue. Do the police know that we have such rights is a very big question mark "?"


good point... :mad:

the recent incident occurred is due to unclear police's "right" on the public...

yvonnefoong
13-12-2005, 06:07 PM
Hello Vixey!

Thanks for sharing. I'm gonna repost this on my blog so that more people are informed.

USJ27Resident
13-12-2005, 09:15 PM
I have friend being arrested for gambling. These are some of the experience :



a. the police took away their handphones and if they want to make phone call, they can use the phone at the police station at the rate of RM200 per call.

... must have been one of those call you make with a secure sattelite phones


b. if you want to stay in the lockup with others (drug edicts, ...), it is free of charge. But if you want to have a seperate room, that would be RM 300 per person.

... subcontracted beddings and room service from Palace of the Golden Donkeys...


c. in the morning, rice with a kind of fish (looks like boiled ikan kembung) was provided. The fish was smelly and not possible to be consumed. Nevermind, you can order chicken rice for RM 200 per packet.

Hmmm... not sure where the rice and fish came from, but possibly from their barracks... :rolleyes: Wife lousy cook!
As for the RM200 chicken rice.... your guess is as good as mine, catered from the same buggers that supplies MAS with their food...