PREVENTION OF CRIME ACT 1959

LAWS OF MALAYSIA ONLINE VERSION OF UPDATED TEXT OF REPRINT Act 297 PREVENTION OF CRIME ACT 1959 As at 1 January 2018 2 PREVENTION OF CRIME ACT 1959 First enacted … … … 1959 (F.M. Ordinance No. 13 of 1959) … … 1983 (Act 297 w.e.f. 19 January 1984) Latest amendment made by Act A1549, P.U. (A) 383/2017 and P.U. (A) 384/2017 which came into operation on … … … 15 December 2017 Revised … … PREVIOUS REPRINT First Reprint … … … … 2001 Second Reprint … … … … 2006 3 LAWS OF MALAYSIA Act 297 PREVENTION OF CRIME ACT 1959 ARRANGEMENT OF SECTIONS Section 1. Short title 2. Interpretation PART I POWERS OF ARREST AND REMAND 3. Arrest and production before a Magistrate 4. Procedure before Magistrate 4A. Report of investigation to be submitted to Inquiry Officer, etc. 5. (Deleted) 6. (Deleted) 7. Release of person remanded in custody 7A. Special procedures relating to electronic monitoring device 7B. Prevention of Crime Board PART II INQUIRIES 8. Appointment of Inquiry Officers 4 Laws of Malaysia ACT 297 Section 9. Duties and powers of Inquiry Officers 9A. Access by Inquiry Officer to detainees or prisoners 10. Report of Inquiry Officer 10A. Decision of the Board 11. (Deleted ) PART III REGISTRATION 12. Registration of persons believed to be members of any of the registrable categories 13. Person to be registered to attend before a police officer 14. Removal of name from the Register PART IV CONSEQUENCES OF REGISTRATION 15. Police supervision 15A. Special procedure relating to electronic monitoring device by order of the Board 15B. Judicial review of act or decision of Board 16. Registered person not to consort with other registered persons 17. Double penalties for crimes of violence 18. Loitering by a registered person in a public place, etc. 19. Harbouring PART IVA DETENTION ORDERS 19A. Detention orders 19B. Validity of detention orders 19C. Suspension of detention orders 19D. Effect on term of imprisonment Prevention of Crime 5 Section 19E. Power to order removal 19F. Power to order production of detained person 19G. Saving in respect of prosecution of persons detained 19H. Board’s power to revoke supervision order, detention order, suspended detention order or direction for extension of any such order PART V GENERAL 20. Powers of police to investigate 20A. Arrest 21. Taking of photographs and finger impression 21A. Disclosure of information 22. Power to amend Schedules 23. Regulations FIRST SCHEDULE SECOND SCHEDULE THIRD SCHEDULE FOURTH SCHEDULE 7 LAWS OF MALAYSIA Act 297 PREVENTION OF CRIME ACT 1959 An Act to provide for the more effectual prevention of crime throughout Malaysia and for the control of criminals, members of secret societies, terrorists and other undesirable persons, and for matters incidental thereto. [1 April 1959, L.N. 85/1959] WHEREAS action has been taken and further action is threatened by a substantial body of persons both inside and outside Malaysia to cause, or to cause a substantial number of citizens to fear, organized violence against persons or property; AND WHEREAS Parliament considers it necessary to stop such action; NOW, THEREFORE, pursuant to Article 149 of the Federal Constitution IT IS ENACTED by the Parliament of Malaysia as follows: Short title 1. (1) (2) This Act may be cited as the Prevention of Crime Act 1959. This Act shall apply throughout Malaysia. Interpretation 2. (1) In this Act, unless the context otherwise requires— 8 Laws of Malaysia ACT 297 “Board” means the Prevention of Crime Board established under section 7B; “district, mukim, town or village” means the land included in any district, mukim, town or village under the provisions of any law for the time being in force relating to land; “Inquiry Officer” means an officer appointed by the Minister under section 8; “Register” means the register kept by the Registrar under section 12; “registered person” means a person whose name is entered on the Register; “registrable categories” means any of the categories prescribed in the First Schedule; “Registrar” means the Registrar of Criminals appointed under section 3 of the Registration of Criminals and Undesirable Persons Act 1969 [Act 7]; “terrorist” has the same meaning assigned to it by the Penal Code [Act 574]. (2) References to the supervision of the police shall be construed as references to the obligations imposed upon persons subject to police supervision under section 296 of the Criminal Procedure Code [Act 593]. PART I POWERS OF ARREST AND REMAND Arrest and production before a Magistrate 3. (1) A police officer may, without a warrant, arrest any person if he has reason to believe that grounds exist which would justify the holding of an inquiry into the case of that person under this Act. Prevention of Crime 9 (1A) When a person is arrested under subsection (1), the case shall be referred by the police officer to the Public Prosecutor for direction not later than seven days from the date of arrest. (2) Any person arrested under subsection (1) shall, unless sooner released, be taken without unreasonable delay, and in any case within twenty-four hours (excluding the time of any necessary journey) before a Magistrate. Procedure before Magistrate 4. (1) Whenever any person is taken before a Magistrate under subsection 3(2) the Magistrate shall— (a) on production of a statement in writing signed by a police officer not below the rank of Inspector stating that there are grounds for believing that the name of that person should be entered on the Register, remand the person in police custody for a period of twenty-one days; or (b) if no such statement is produced, and there are no other grounds on which the person is lawfully detained, direct his release. (2) Any person remanded under paragraph (1)(a) shall, unless sooner released, on or before the expiry of the period for which he is remanded be taken before a Magistrate, who shall— (a) on production of — (i) a statement in writing signed by the Public Prosecutor stating that in his opinion sufficient evidence exists to justify the holding of an inquiry under section 9; and (ii) a statement in writing signed by a police officer not below the rank of Assistant Superintendent stating that it is intended to hold an inquiry into the case of that person under section 9, 10 Laws of Malaysia ACT 297 order the person to be remanded in custody for a period of thirty-eight days; or (b) if no such statements are produced, and there are no other grounds on which the person is lawfully detained, direct his release. (2A) No person shall be arrested and detained under this section solely for his political belief or political activity. (3) Except as provided in subsection 9(5), section 28A of the Criminal Procedure Code shall apply to any person remanded under section 4. (4) The Public Prosecutor may appear in any application made under this section. (5) For the purpose of this section “political belief or political activity” means engaging in a lawful activity through— (a) the expression of an opinion or the pursuit of a course of action made according to the tenets of a political party that is at the relevant time registered under the Societies Act 1966 [Act 335] as evidenced by— (i) membership of or contribution to that party; or (ii) open and active participation in the affairs of that party; (b) the expression of an opinion directed towards any government in Malaysia; or (c) the pursuit of a course of action directed towards any government in Malaysia. Prevention of Crime 11 Report of investigation to be submitted to Inquiry Officer, etc. 4A. The police officer making an investigation pertaining to a person arrested under subsection 3(1) shall cause a copy of the complete report of the investigation to be submitted to an Inquiry Officer and the Board, within such period as may be prescribed by the Minister. 5. (Deleted by Act A1459). 6. (Deleted by Act A1549). Release of person remanded in custody 7. (1) Any person remanded in custody under section 4 may, at any time, be taken before a Sessions Court Judge who, if there are no other grounds on which the person is lawfully detained— (a) shall direct his release if there is produced to him a statement in writing signed by a police officer not below the rank of Assistant Superintendent stating that it is not intended to continue with an inquiry into the case of that person under section 9; or (b) in any other case, on the application of a police officer may direct his release subject to— (i) the execution by the person of a bond, with or without sureties, for his due appearance at such place and at such time and within such period not exceeding fiftynine days, as the Sessions Court Judge may direct; or (ii) the supervision of the police for such period not exceeding fifty-nine days as the Sessions Court Judge may direct. 12 Laws of Malaysia ACT 297 (2) If a person is released under paragraph 7(1)(b), an electronic monitoring device shall be attached on the person in accordance with subsections (3) and (4). (3) If the police officer intends to release the person under paragraph (1)(b) and attach an electronic monitoring device on the person upon his release, he shall submit a report to the Public Prosecutor before the application under paragraph (1)(b) is made. (4) Upon receipt of the report under subsection (3), the Public Prosecutor may apply to the Sessions Court Judge for the person to be attached with an electronic monitoring device in accordance with section 7 A for the period of his release as allowed under paragraph (1)(b). Special procedures relating to electronic monitoring device 7A. (1) Upon application by the Public Prosecutor under section 7, the Sessions Court Judge shall order the person to be attached with an electronic monitoring device for a period as the Sessions Court Judge may determine but which shall not exceed the period of his release as allowed under paragraph 7(1)(b). (2) The Sessions Court Judge shall explain the operation of the electronic monitoring device and the terms and conditions of the electronic monitoring device as specified in the form as specified in the Third Schedule to the person. (3) The person shall sign a form as specified in the Third Schedule and deposit the form with the Sessions Court Judge. (4) The person shall be attached with an electronic monitoring device by a police officer. (5) The person shall comply with all the terms and conditions of the electronic monitoring device as specified in the form as specified in the Third Schedule and shall report to the nearest police station at such time as specified in the form. Prevention of Crime 13 (6) Any person who fails to comply with the terms and conditions under subsection (5) shall be guilty of an offence and liable to imprisonment for a term not exceeding three years. (7) Any person who tampers with, damages, destroys or loses the electronic monitoring device or any other device used in relation to the operation of the electronic monitoring device shall be guilty of an offence and liable to imprisonment for a term not exceeding *three years, and such person shall be liable to pay for any damage to or loss of the electronic monitoring device or any other device used in relation to the operation of the electronic monitoring device, and the court may direct that in default of payment for the damage or loss the person shall suffer imprisonment for a term not exceeding three years. (8) Upon expiry of the period referred to in subsection (1), the person shall report to the nearest police station for removal of the electronic monitoring device. Prevention of Crime Board 7B. (1) A Prevention of Crime Board is established which shall consist of the following members to be appointed by the Yang di-Pertuan Agong: (a) a Chairman, who shall be a legally qualified person with at least fifteen years experience in the legal f