Criminal Defence

(Please come with us to the police station...)

When the police say this to you, many Malaysians may feel bewildered and anxious, unsure of what to do or say.

At this moment, it is important to remain calm and ask whether you are being arrested or if you are just assisting with the investigation. Request to see the officer's badge and ask which police station they are from. If you are only assisting with the investigation, they mainly want you to go to the police station to provide a statement (as per Section 112 of the Criminal Procedure Code). If you are unwell or the location is inconvenient, you have the right to refuse their request for you to go to the police station, and the police cannot arrest you for this refusal.

If the police present an order signed by an investigation officer requesting that you go to the police station to provide a statement under Section 112 of the Criminal Procedure Code, you must comply with this order.

Be sure to inform your family or friends about which police station you will be going to for the investigation, and have them accompany you to the police station to prevent any situation where you might lose contact with the outside world after entering the station.

If you are arrested, how long can you be detained?

If the police clearly inform you that you are under arrest, politely ask what you are being arrested for and under what charges. You should also request to notify a person present or your family or friends of your full name and identification number, and which police station you are being taken to, to ensure that you do not lose contact with the outside world once you are at the police station.

If you know someone who has been taken away by the police but do not know where they are being taken, it is best to seek the assistance of a lawyer. The lawyer can negotiate with the police to ensure the matter is handled professionally and appropriately.

Unless charges are filed, the police can only detain a suspect for up to 24 hours. If the police cannot complete the investigation and file charges within this time, they must release the suspect or immediately bring the suspect before a magistrate to apply for a detention order to extend the detention. This detention order cannot exceed 14 days.

The detention order is issued under Section 117 of the Criminal Procedure Code. The entire hearing for the detention order takes place in private, and the public is not allowed to attend, but the representative lawyer can appear to defend the detainee's rights.