I received a call from Subang Jaya District Police Headquarters the other day, a call that I least expected on a day just before Christmas. The officer from the other side of the phone told me they had seized two suspects related to the case I reported for my stolen bicycle somewhere around September. At first, I thought the call was an early Christmas gift from Santa to informed me that they had recovered my stolen bicycle, so I make a trip to the police station on the following day, and long story short, they did not found my bicycle, but there are some follow-up questions for me to answer following the seizure of the two suspects.
So, I went home with disappointment after that and trying not to put in too much thought on the incident, but when I was trying to get myself familiar on the Criminal Procedure Code, I came across a section that might be able to help me to recover my stolen bicycle in monetary form when the perpetrator is arrested. Section 409 of the code provided that when there is any money found on a convicted person during his arrest, the court may under the application of the person of the stolen goods entitled to the possession of it. Which means if I can prove that the suspects are the one who stole my bicycle, and during their arrest, there are sum of money found on them, I may make an application to the court to recover the money after their conviction. I immediately contact the officer who is in charge of my case and ask them whether can the suspects recognize my bicycle from a photo I provided them, and is there any charges press on the suspects related to my case. Unfortunately, the officer told me that the suspects have a defence of alibi on the day when my bicycle was stolen, but they think the suspects are related to a syndicate and will exile them to another state under the Prevention of Crime Act 1959 (POCA).
Due to it is the first time I heard of the POCA act, I google it and try to study the act. I am going to do a summary on the act now which is the main purpose of this article.
What is the act about?
The main purpose of the act was to deal with crime prevention and for the control of criminals, members of secret societies, terrorists and other undesirable persons. The act provides the police with an ambiguous power to arrest any person for a period of 60 days. The detained person is to put before an Inquiry Officer. The Inquiry Officer shall inquire and report in writing to the Board whether there are reasonable grounds for believing that the person is a member of any of the registrable categories. The board may consider the report from the Inquiry Officer direct that any registered person be detained under a detention order for a period not exceeding two years, and may renew any such detention order for a further period not exceeding two years at a time.
Who is a registered-person?
Part I Schedule One of the act provides that:
All members of unlawful societies which—
(i)use Triad ritual; or
(ii)are constituted or used for purposes involving the commission of offences that are seizable under the law for the time being in force relating to criminal procedure; or
(iii)maintain secrecy as to their objects.
Persons who belong to or consort with any group, body, gang or association of two or more persons who associate for purposes which include the commission of offences under the Penal Code.
All traffickers in dangerous drugs, including persons who live wholly or in part on the proceeds of drug trafficking.
All traffickers in persons, including persons who live wholly or in part on the proceeds of trafficking in persons.
All persons concerned in the organization and promotion of unlawful gaming.
All smugglers of migrants, including persons who live wholly or in part on the proceeds of smuggling or migrants.
Persons who recruit, or agree to recruit, another person to be a member of an unlawful society or a gang or to participate in the commission of an offence.
Persons who engage in the commission or support of terrorist acts under the Penal Code.
Part II Schedule One of the act provides that:
All persons who, being not less than twenty-one years of age, have since attained the age of seventeen been convicted on at least three occasions of offences involving dishonesty or violence.
All persons, who have been convicted of offences against subsection 52(3) of the Societies Act 1966[Act 335].
What are the consequences of being a registered-person?
If your name is in the register, the following can happen to you:
Being detained under the order of the Board for not more than 2 years without going through any trial and it is subjects to renewal for not more than 2 years each time; or
Being place under police supervision for any period not exceeding 5 years, and the registered person shall be conveyed under police escort to the State, district, mukim, town or village in which he is required to reside; and
No registered person shall consort or habitually associate with any other registered person without the permission of the Officer in Charge of the Police District in which he resides.; and
Any registered person who is convicted of any offence committed after the date of the entry of his name on the Register shall be liable to imprisonment for a term of twice as long as the maximum term for which he would have been liable on conviction for that offence, and also to whipping.
Conlcusion
Whenever there is too much of prevention, a person liberty is at stack. The act trigger many objection on the ground of Habeas Corpus. On the other hand, the act play an important role and act as an effective mean for crime prevention in the criminal justice system. There is a balance to be strike on both object. Do you think the act is an over-killed product to suppress a person liberty or do you see it as a mean for effective crime control? Please let me know your thought on the comment below.
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