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Wednesday September 25, 2013 MYT 5:02:00 PM
Wednesday September 25, 2013 MYT 5:49:55 PM
by loshana k shagar
KUALA LUMPUR: A person may be detained without criminal charge or trial for up to two years if proposed amendments to the Prevention of Crime Act 1959 is passed.
A proposed Section 19A under the Act also states the detention period as renewable for another two years in the interest of public order, security or crime prevention.
Home Minister Datuk Seri Dr Ahmad Zahid Hamidi tabled the Bill for first reading in Parliament Wednesday.
The amendments allow for detention without criminal charge or trial, similar to that provided in the repealed Emergency Ordinance and the Internal Security Act.
A Prevention of Crime Board will also be established under proposed new sections 7B and 7C.
The board will determine issuance of detention orders, subject to review by the High Court.
It will comprise three members led by a chairman who is, has been, or is qualified to be a Federal Court, Court of Appeal or High Court judge.
Following a proposed amendment to Section 9, inquiry reports are to be made to the board instead of the Home Minister.
To be considered for detention, a person must have committed two or more serious offences, and the inquiry report has sufficient evidence to support the findings.
The person must also have been previously placed under a supervision order, and failed to comply with the restriction imposed.
For a supervision order, one must have committed two or more non-serious offences and has either failed to comply with a previous supervision order, or has not been placed under such an order.
A supervision order applies if the board also finds that a detention order is unnecessary.
Under Section 19E, the Home Minister will be required to submit an annual report to Parliament of all activities of detention orders that year.
Detention orders will also be reviewed every five years, and will cease to have effect unless a resolution to extend is passed by both Houses of Parliament after the review.
Meanwhile, a proposed new section 7A explains procedures relating to attachment of electronic monitoring devices on a remanded person upon release pending an inquiry.
The device must be worn for a period determined by a Sessions Court judge, which must not exceed the release period.
Tags / Keywords:
Parliament, Prevention of Crime Act 1959, Amendment Bill, Home Ministry, Ahmad Zahid Hamidi, Electronic Monitoring Device, EMD
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