Criminal Defence: Know Your Rights When Arrested in Malaysia

Being arrested or called in for police questioning is a stressful experience, and the decisions you make in those first few hours can have a profound impact on the outcome of your case. Malaysian law provides several important protections for persons in custody, but these protections are only effective if you know about them and assert them.

The right to remain silent is perhaps the most fundamental protection. Under Article 5 of the Federal Constitution, you cannot be compelled to make a statement that incriminates yourself. Section 112 of the Criminal Procedure Code requires you to state the truth when answering questions, but you are not required to answer questions that would expose you to a criminal charge. In practice, you should consult a lawyer before making any statement to the police.

The right to legal representation is constitutionally guaranteed. If you are arrested, you have the right to contact a lawyer of your choice. The police must allow you reasonable access to your lawyer, and you should exercise this right at the earliest opportunity. A lawyer can advise you on whether to answer questions, ensure that your statement is recorded accurately, and protect you from any procedural irregularities.

The duration of police custody is limited by law. Under the Criminal Procedure Code, the police can detain you for up to 24 hours for investigation purposes. Beyond that, they must produce you before a magistrate and apply for a remand order. Remand periods are granted in stages and must be justified by the investigating officer. Your lawyer can oppose the remand application and argue for your release.

Bail is available for most offences in Malaysia, with the exception of offences punishable by death or life imprisonment. The amount of bail is set by the court and is intended to ensure your attendance at trial, not to punish you. If bail is granted, you must comply with the conditions set by the court, which typically include surrendering your passport and reporting to the police station at specified intervals.

If you are charged with an offence, you have the right to know the specifics of the charge and to prepare your defence. The prosecution bears the burden of proving the charge beyond a reasonable doubt. You are not required to prove your innocence. This principle, the presumption of innocence, is the cornerstone of criminal law and applies at every stage of the proceedings.

Do not sign any document you do not fully understand. Police may ask you to sign a cautioned statement or an acknowledgment of property seized. If you are uncertain about the content or implications of any document, decline to sign until your lawyer has reviewed it. Signing a document that contains inaccuracies or admissions can be used against you later in court.

The criminal justice process in Malaysia involves several stages: investigation, charge, trial, and sentencing. Each stage has its own procedural requirements and deadlines. Having a criminal defence lawyer from the outset ensures that your rights are protected at every stage and that no procedural opportunities are missed.