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The Process of Criminal Justice Part I Investigation and Pre-Trial Proceedings (eBook)
Since the publication of the first edition in June 2010, responding to societal perceptions of alleged lethargy in the administration of criminal justice, Parliament from 2012 enacted a number of changes to revitalise the system to inject transparency and to hasten and expedite completion of the process of trial.
Published: 23 September, 2015
Publisher: LexisNexis
Since the publication of the first edition in June 2010, responding to societal perceptions of alleged lethargy in the administration of criminal justice, Parliament from 2012 enacted a number of changes to revitalise the system to inject transparency and to hasten and expedite completion of the process of trial. For the purpose of this publication, the relevant changes are:
(1) Pre-trial disclosure of certain information (section 51A);
(2) Pre-trial disposal of exhibits (section 407A);
(3) Enhanced powers of investigation in relation to computerised data and interception of communication (sections 116A, 116B and 116C);
(4) Introduction of electronic surveillance as part of conditions for release on bail (sections 388a, 390A, 390B, 390C, 445);
(5) ‘Place of publication’ in relation to offences committed by electronic means (section 153); and
(6) Liability for offences committed out of Malaysia (section 127A).
This second edition, in view of these amendments, is necessary to maintain relevancy of the publication and to update the law as currently expressed by the courts. This has resulted in the following changes to this edition:
(a) Arrest is rewritten and presented as two topics: ‘Arrest’ and ‘Rights of Accused Persons’;
(b) Production and Search is now separated into the topics of ‘Disclosure; Production and Interception’ and ‘Search’;
(c) Charges is also rewritten as two topics: ‘Charges’ and ‘Charges & Trial’;
(d) Two new topics are introduced; ‘Powers of the Public Prosecutor’ and ‘Inquiries of Death’.
The empirical approach in presenting of the material, adopted for all previous publications in this series, is maintained. Material focuses on the early stages of the criminal justice system; from the lodging of the police report to investigations which encompasses disclosure, production, and search. On investigations establishing the occurrence of an offence, the reader is then introduced to the pre-trial processes played by the respective constituent institutions under the Criminal Justice System.
Chapter One Introduction
COMMENCEMENT OF CRIMINAL PROCESS
RELEASE PENDING TRIAL
TABULAR STATEMENT OF OFFENCES – FIRST SCHEDULE
Chapter Two Information of Offences
GENERAL PROVISIONS
FIRST INFORMATION REPORT
SIGNIFICANCE OF FIR
USE OF FIRST INFORMATION REPORT
PRODUCTION AT TRIAL OF FIR
CLARIFICATION OF CONTENTS OF FIRST INFORMATION REPORT
OMISSIONS IN FIRST INFORMATION REPORT
NON-FIRST INFORMATION REPORTS
ADVERSE INFERENCE UNDER SECTION 14(G) EVIDENCE ACT 1950
Chapter Three Police Investigation and Powers
ROLE OF THE POLICE
CONDUCT OF POLICE INVESTIGATIONS
POWERS OF INVESTIGATION
ATTENDANCE OF WITNESSES
EXAMINATION OF WITNESSES
SEARCH OF PREMISES
DETENTION FOR INVESTIGATIONS
BOND TO APPEAR
COMPLETION OF INVESTIGATION
Chapter Four Arrest
GROUNDS OF ARREST
ARREST ON WARRANT
ARREST WITHOUT WARRANT
NEED TO ARREST
PERSONS WHO MAY ARREST
EFFECTING AN ARREST
Chapter Five Rights of Arrested Person
Chapter Six Disclosure, Production and Interception
INTRODUCTION
MANDATORY DISCLOSURE
DISCLOSURE THROUGH PRODUCTION
DISCLOSURE THROUGH INTERCEPTION
Chapter Seven Search of Persons and Premises
SEARCH OF PERSONS
SEARCH OF PREMISES
SEARCH OF PREMISES WITHOUT WARRANT
SEARCH OF PREMISES WITH WARRANT
PROCEDURE ON CONDUCT OF SEARCH
SEIZURE, CUSTODY AND DISPOSAL OF PROPERTY
Chapter Eight Initiation of Proceedings
MAGISTRATE TAKES COGNISANCE
EXAMINATION BY MAGISTRATE
ROLE OF PUBLIC PROSECUTOR
PRIVATE PROSECUTION
Chapter Nine Summons and Warrants
INTRODUCTION
SUMMONS
WARRANTS OF ARREST
WARRANTS OF SEARCH
Chapter Ten Charges
INTRODUCTION
PARTICULARS OF A CHARGE
FRAMING OF CHARGES
DRAFTING NATURE OF OFFENCE
THE RULE AGAINST DUPLICITY
EXCEPTIONS TO RULE AGAINST DUPLICITY
CURING OF OMISSIONS AND DEFECTS IN A CHARGE
Chapter Eleven Charges and Trial
INTRODUCTION
TRIAL OF CHARGES
TRIAL OF ACCUSED PERSONS
AMENDMENT OF CHARGES
CONVICTION ON UNFRAMED CHARGE
Chapter Twelve Bail
INTRODUCTION
CLASSIFICATION OF OFFENCES
TERMS AND CONDITIONS OF BAIL
REAPPLICATION FOR BAIL
CANCELLATION OF BAIL
STAY OF EXECUTION PENDING APPEAL
BAIL OBLIGATIONS AND FORFEITURE
Chapter Thirteen Courts and Jurisdiction
INTRODUCTION
APPEAL COURTS
TRIAL COURTS
ORIGINAL JURISDICTION
SENTENCING COMPETENCE
MODIFICATION OF SENTENCING COMPETENCE
LOCAL JURISDICTION
Chapter Fourteen Inquiries of Death
Chapter Fifteen Powers of Public Prosecutor
GENERAL
CONTROL AND DIRECTION OF CRIMINAL PROCEEDINGS
SCOPE OF CONTROL OF PROSECUTION
POWER TO INSTITUTE
POWER TO CONDUCT PROSECUTION
POWER TO DISCONTINUE PROSECUTIONS