Introduction to Police Procedure in Malaysia

August 9, 2017 Law

Background of Police Officer

All group members had attended a session of interview with ACP Raja Shahrom bin Raja Abdullah at the Malacca Contingent Police Headquarters ( IPK Melaka ) on 16ThursdayDecember 2014 from 3 p.m. boulder clay 6 p.m. The interview is to determine the processs under Criminal Procedure Code ( CPC ) in look intoing a slaying instance and to place the troubles that the constabulary often face during the class of it.

ACP Raja Shahrom has been functioning the Royal Malaysia Police ( Polis Diraja Malaysia, PDRM ) since 1984. He was foremost stationed in Kota Kinabalu for 3 old ages. He so joined Universiti Sains Malaysia as an off-campus pupil for one twelvemonth. After that, he had joined the PDRM’s Disciplinary Board at the PDRM Headquarters, Bukit Aman for 3 old ages.

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He was so transferred to the Training Division in Kuala Lumpur as a research officer, and later, served in Kosovo as one of the 60 peacekeepers sent by Malaysia under a UN mission for one twelvemonth. Upon return, he served as an IDP Secretary for 3 old ages, before fall ining the Johor Bahru Criminal Investigation Department ( CID ) . After a few old ages, he was promoted to Officer in Charge of Criminal Investigation ( OCCI ) , heading the CID at IPK Melaka, a place which he is presently still keeping.

Administration of Criminal Investigation Department

ACP Raja Shahrom is the Director of Criminal Investigation Department in the IPK Melaka. He is assisted by two deputy managers, Deputy Director ( Intelligence/Operation ) and Deputy Director ( Investigation/Law ) . Deputy Directors will non be straight involved in the probe but give advice on the way of probe and the relevant jurisprudence.

Deputy Director ( Intelligence/Operation ) is in charge of the divisions of Criminal Intelligence ; Technical Support ; Secret Societies, Vice and Gambling ; Particular Operations ; and Particular Investigations. Deputy Director ( Investigation/Law ) is in charge of the divisions of Strategic Planning ; Criminal Registrations ; Prosecution/Law ; Forensic ; and Sexual and Child Investigations.

Below these managers are the Criminal Investigation Chief ( KBSJD ) of Melaka Tengah District, Alor Gajah District, and Jasin District. Under these heads are the Criminal Investigation Officers ( IOs ) . The IOs are normally of the rank of sergeant, inspector, and adjunct overseer of constabulary ( ASP ) .

The sergeant rank IOs are involved in the probe of low degree offense such as larceny, domestic force, condemnable harm, and etc. The inspector rank IOs are involved in the probe of higher degree offense, such as condemnable breach of trust, frailty, condemnable bullying, and etc. The ASP rank IOs, which are besides called the senior IOs, are involved in the probe of serious offenses, such as slaying, snatch, and etc.

Laws and Procedures

The chief Torahs in condemnable probes are the Penal Code and the Criminal Procedure Code ( CPC ) . However, there are besides general Torahs in addendum to the Penal Code, such as the Kidnapping Act 1961, Firearms ( Increased Punishments ) Act 1971, Dangerous Drugs Act 1952 and etc.

The constabulary force is regulated by the Police Act 1967, regulations and Police Regulations made thereunder. Under s 97 of the Act, the constabulary force is farther regulated by the Inspector General’s Standing Orders ( IGSO ) . Besides, the Home Minister may publish Standard of Procedures ( SOP ) to modulate constabulary activities. For condemnable IOs, they are besides regulated by the orders of the CID.

Statisticss of Homicide in Melaka

ACP Shahrom had provided a statistics of offense rate in the Melaka province up to the day of the month of 10ThursdayDecember 2014. From the statistics, the Melaka Tengah territory constitutes to the most offense in 2014, i.e. 76.8 % , compared to Alor Gajah ( 15.1 % ) and Jasin ( 8.1 % ) territories. As ACP Raja Shahrom pointed out, this is due to the big population and denseness of the Melaka Tengah territory every bit compared to the other two territories.

The work outing rate is 41.95 % and the prosecution rate is 34.46 % . ACP Raja Shahrom had pointed out the difference between them. When a instance is solved, it does non necessary means the suspect is prosecuted. The constabulary would hold to garner the necessary grounds to turn out the instance and base on balls this information to the prosecution. The prosecution would rede whether to continue with prosecution, if there is sufficient grounds to turn out the instance beyond sensible uncertainty, or leave the instance unfastened, if the grounds is deficient, until new grounds is available. Where the grounds is deficient to turn out beyond sensible uncertainty, but someway shows that the suspect is the perpetrator, the instance is considered solved.

Till the day of the month of 10ThursdayDecember 2014, there are 11 homicide instances happened in Melaka, where all were solved, and among which, five had gone into prosecution. Compared with the twelvemonth 2013, there were 19 instances of homicide, where all were solved, and among which, two had gone into prosecution. As such, there is a decrease of 42.1 % of such offense.

Principles of Criminal Investigation

The mission of a professional homicide research worker is to “seek the truth” , by “professional probe without involvement or bias, without opinionated, tainted with bias or prone to pre-judgment” . [ 1 ] This rule is incorporated with the given of artlessness and the constabulary are to supply sufficient grounds to map out the truth and refute the given.

The Malayan constabulary have adopted the Locard’s rule, established by the forensic scientific discipline innovator, Dr Edmond Locard. The general rule is that “every contact leaves a trace” , which means any act made by homo will ensue in some signifier of grounds and it is merely human failure to detect it, survey and understand it that diminishes its values. [ 2 ]

Introduction to Criminal Investigation

Condemnable probe will be prompted one time a offense is being reported to the constabulary. Under s 107 CPC, the constabulary are under statutory responsibility to have any information in relation to any offense committed in Malaysia and record it decently by cut downing it into written signifier. The constabulary shall take all the relevant information, by inquiring the 5 Ws: Who, What, When, Where, and Why?

For case, in the instance where a dead organic structure is found, the constabulary must find: Who died? Where did the decease take topographic point? When did it go on? What is the nature of the decease: ordinary, accident, self-destruction, or being killed? Why did it go on? At most clip, it is non possible to reply all inquiries at first case when the constabulary study is made. The constabulary will hold to do probe and supply factual replies through grounds.

In a homicide instance, the constabulary will hold to find motivations of the slayer and this will in bend determine why the decease took topographic point. His methods of killing can be determined by looking at the hurt forms and cause of decease, and Reconstruction of offense scene. It is besides indispensable to find the twenty-four hours and clip of decease in order to contract down the way of probe.

In order to carry on a successful probe, the constabulary officers must hold teamwork venture and work hand in glove. They must be patient and flexible, i.e. to be unfastened to suggestions, thoughts and constructs. When mapping the facts out through grounds, they must look for consistences and incompatibilities. Besides, if new information is acquired, they will hold to be prepared to alter the focal point of the probe.

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