“Sila ikut kami ke Balai Polis sekarang……”
(“Please follow us to the police station now…”)
When the police say this to you, most Malaysians will naturally feel confused and unsettled, becoming anxious and unable to respond clearly.
At this point, it is important to remain calm and clarify whether you are being arrested (Tangkap) or are merely assisting in investigations (Bantuan Siasatan). You should also request the officers to produce their police identification and state which police station they are from.
If you are only assisting in investigations, the police are generally requesting you to go to the police station to have your statement recorded under Section 112 of the Criminal Procedure Code. If you are unwell or the location is inconvenient, you may raise this as a reason to decline the request, and the police cannot arrest you on that basis alone.
However, if the police produce an order signed by the investigating officer requiring you to give a Section 112 statement at the police station, then you must comply with the instruction.
It is also important to immediately inform your family or friends of which police station you are going to assist in the investigation, so that they are aware of your whereabouts and can accompany you, preventing situations where your location becomes unknown after entering the police station.
If you are arrested, how long can you be detained?
If the police clearly inform you that you have been arrested, you should politely ask under what offence and on what grounds you are being arrested.
You may also politely request that the officers inform your family or a trusted person of your full name, identity card/passport number, and the police station lock-up (Lokap) where you will be taken, to avoid being cut off from external contact after being brought in.
If you are a family member or friend and you know someone has been taken by the police but do not know their whereabouts, it is advisable to seek legal assistance so that a lawyer may communicate with the police and ensure the matter is handled properly and professionally.
Unless charged, the police may detain a suspect for a maximum of 24 hours. If the investigation cannot be completed and charges cannot be filed within 24 hours, the police must either release the detainee immediately or bring the suspect before the Magistrate’s Court (Mahkamah Majistret) to apply for a remand order to extend detention.
Such a remand order cannot exceed 14 days.
A remand order is issued under Section 117 of the Criminal Procedure Code. The remand hearing is conducted in chambers, and the public is not allowed to enter; however, a lawyer is permitted to appear in court to protect the detainee’s rights.
Malaysia
