Help

Lawyerment Quick Link - Homepage - Free Email - Message Boards - LawCrawler - Legal News - Legal Dictionary - Lawyers Jokes - Lawyers Directory - Newsletters - Legal Guide - Refer A Friend - Interesting Facts - Library - Downloads - >> more

Library Search
How to Contribute
Disclaimer
Featured Publications
Lawyerment's Contributors
Legal Subjects
Forms & Agreements
Legal Subjects > Criminal Law > Arrest
 
Main Category
>Law of Malaysia
>Legal Professionals
>Students
>Business & The Public
>Accident Law
>Bankruptcy Law
>Business Law
>Criminal Law
>Employment Law
>Estate Planning
>Family Law
>Financial Law
>Immigration Law
>Insurance Law
>Intellectual Property
>Litigation
>Real Estate Law
>Tax Law

 

Main Category

Related Topics

WHAT IS AN ARREST ?

There have been a wide range of definitions for the common term "Arrest". An arrest means a lawful seizure.

An arrest includes seizure or physical contact with a person's body for the purpose of holding or keeping the person in custody to answer a criminal charge or to prevent the person from committing a crime.

An arrest can only be made by a police officer or other persons empowered by law to do so, for example, the drug enforcement officers and anti-corruption agency officers.

A police officer may arrest without warrant any person who he has reasonable grounds for suspecting has committed or is committing an offence at any place.

If a person resists attempts to arrest him, a police officer may use reasonable force to ensure that the person remains with him. It is an offense to resist or obstruct a lawful arrest of a person.

Don't run or resist even though you believe you are innocent.

Generally, a police officer is not allowed to use deadly force except in particular circumstances where the suspect threatened the police officer, poses a threat to a third party or the suspect is fleeing and suspected of committing a violent crime.

WHAT ARE MY RIGHTS UPON ARREST ?

Prior to any police interrogation, a police officer must inform you on arrest of your constitutional rights. If the police officer did not caution you on arrest, nothing you, as the suspect, say can be produced as evidence against you at your trial.

The following is a typical caution. This caution must be administered as follows or to the like effect:

"It is my duty to warn you that you are not obliged to say anything or to answer any question, but anything you say whether in answer to a question or not may be given in evidence."

Nevertheless, an arrest remains valid even if the police officer fails to give the above caution. The only difference is that, anything you say in response to police questioning will not be admissible at trial.

If the police officer question you prior to detention or if you volunteers information to the police officer, those statements will most likely be usable in trial.

Under the Federal Constitution, if you are arrested, you have a fundamental right to be informed as soon as possible, in ordinary language, of the grounds of your arrest unless that can be inferred from the surrounding circumstances or if you make it impossible for the police officer to inform you.

The Federal Constitution provides that you as the suspect have the right to consult and be defended by a legal practitioner of your choice in all criminal prosecutions but you do not, however, have to be informed of the existence of this right.



Copyright ©1999-2001 Magnificent Communication. All rights reserved

Privacy Policy | Terms Of Use | Contact | About Us | Advertising Opportunities | Press | Add URL | Submit Article | Contributors