Criminal procedures on arrest

1. Shaaban & Ors v Chong Fook Kam
& Anor [1969] 2 MLJ 219
LATIFAH RABBAANIAH BINTI JAMALUDIN (UITM SHAH ALAM)
NUR DIYANA SUFI BINTI MUZAFEK (UITM SHAH ALAM)
MAIZURAH BINTI ABDUL LATIFF (UITM SHAH ALAM)
ARREST

2. Arrest
“An arrest occurs when an individual is physically taken into police
custody, against the individual’s will, for interrogation or prosecution. As
against the suspects, they have certain rights such as right to remain
silent and the right to an attorney. When the police seek to make an
arrest, they need to have what is known as probable cause.”
- Miranda, study.com –
• Probable cause exists when there is enough evidence to believe that
someone has committed a crime.

3. Section 15 of Criminal Procedure Code
Section 15 (1)
How arrest can be made:
Actual
touching
Confine the
body of the
person arrested
Submission to
the custody by
word or action
(surrender)

4. Section 24 of Police and Criminal Evidence Act 1984
Arrest without warrant
Gives a police officer the power to arrest a person if
she/he has reasonable grounds to suspect that person
has committed a criminal offence

5. Fundamental Liberties
(Part II, Federal Constitution)
“Rights and freedoms that are set out in the constitution to allow an
individual to do whatever he pleases subject to the law”
- The Malaysian Bar -

6. Article 5 – Liberty of the Person
(1) No person shall be deprived of his life or personal liberty save in accordance
with the law.
(2) Where complaint is made to a court that a person is being unlawfully
detained, shall inquire the complaint and order him to be produced before
the court and release him.
(3) Where a person is arrested, he shall be informed as soon as possible the
grounds of his arrest and allowed him to be defended by his lawyer.
(4) Where a person is arrested and not released, he shall be produced before a
magistrate within twenty-four hours without unreasonable delay. He shall
not be further detained without the magistrate’s authority.

7. Reasonable Suspicion
Lord Devlin:
“Suspicion in its ordinary meaning is a state of conjecture or surmise
where proof is lacking: ‘I suspect but I cannot prove’.
Suspicion arises at or near the starting-point of an investigation of which
the obtaining prima facie proof is the end. When such proof has been
obtained, the police case is complete and ready for trial”.

8. Facts of the Case
• A complaint has been made on 10th July 1965. It was stated that a trailer
loaded with timbers fell on the complainant car in the opposite
direction.
• A piece of wood which had fallen, hitting his windscreen. It also hit
another car with two men and killing one of that two men. The lorry
driver did not stop after the incident.
• On the next day, the two respondents were arrested in front of a coffee
shop. The police suspected that one of the men drove the lorry in
dangerous manner. The police interrogated both plaintiffs at that
place, during at that time. However, the one who said he was the driver,
denied that they have met any accident.

9. • Both plaintiffs were taken back to the police station for investigation. It
was suspected that the offence committed against either s.304A of the
Penal Code or s.34A of the Road Traffic Ordinance.
• The driver and his mate were held in police custody overnight,
appeared before a magistrate where an order for 7 days of retention
were made under s.117 of Criminal Procedure Code for further
investigation.
• The following days after they were released, the police found there was
insufficient evidence to bring proceedings against either of them.
• There is no reasonable grounds for suspecting that either plaintiff had
any knowledge, actual or constructive of the state of the load, therefore
there is nothing to suggest that the lorry was being driven recklessly.
• The driver and his mate sued the police for false imprisonment.

10. Judgement
• The trial Court had erred in it's decision as the police are entitled to arrest if there is
reasonable suspicion existed.
• At the time of the arrest the police had good reason to suspect the respondents. But
they had no reason to suspect that they were driving recklessly.
• Therefore the police were not entitled to arrest and detain the respondents.
• Only after the police interrogated the respondents they had reason to suspect the
respondents of the concern offence.

11. Decision of Court
• An arrest occurs when a police officer states in term that he is arresting
or when he uses force restraint the individual concerned.
• It occurs when by words or conduct he makes it clear that he will, if
necessary, use force to prevent the individual from going where he may
want to go.
• An arrest does not occur when police officer stops someone to merely
make an inquiry.
• Held: Order accordingly.

12. Situations that Constitute a Valid Arrest
• Arrest happens when the arrestor state in term that he is arresting i.e.
‘Stop! You are under arrest.”
• Police officer uses force.
• By way of conduct and clear words that he will use force to prevent the
person from going where he may want to go.

13. CONCLUSION