PREVENTION OF CRIME (AMENDMENT AND EXTENSION) ACT 2014

by inserting before the definition of “district, mukim, town or village” the following definition:

‘ “Board” means the Prevention of Crime Board established under section 7b;’; and

by deleting the definition of “Peninsular Malaysia”.

Amendment of section 4

in subsection (1)—

by substituting for the words “Assistant Superintendent”

the word “Inspector”; and

in paragraph (2)(a), by substituting for the words “twenty-eight” the words “thirty-eight”; and

Prevention of Crime (Amendment and Extension)

by inserting after subsection (2) the following subsection:

“(3)  Except as provided in subsection 9(5), the provisions of section 28a of the Criminal Procedure

Code shall apply to any person remanded under section 4.”.

Deletion of section 5

by renumbering the existing section as subsection (1);

in the renumbered subsection (1)—

by deleting the words “or 5”;

by inserting after the renumbered subsection (1) the following subsections:

“(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).

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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.

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 7a for the period of his release as allowed under paragraph (1)(b).”.

New section 7a

The Sessions Court Judge shall explain the operation of the electronic monitoring device and the terms and conditions of the electronic monitoring device to the person.

The person shall sign a form as specified in the Third

Schedule and deposit the form with the Sessions Court

Judge.

The person shall be attached with an electronic monitoring device by a police officer.

The person shall comply with all the terms and conditions of the electronic monitoring device and shall report to the nearest police station at such time as specified in the form.

Prevention of Crime (Amendment and Extension)

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.

Any person who tampers with, or destroys, 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 the electronic monitoring device arising from his action.

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.”.

New section 7b

a Chairman, who shall be or have been, or be qualified to be, a judge of the Federal Court, the

Court of Appeal or a High Court; and

four other members.

Every member of the Board shall, unless he sooner resigns, hold office for a period not exceeding two years and is eligible for re-appointment for not more than one term.

Every member of the Board may, at any time resign his office, by giving notice in writing to the Yang di-Pertuan

Agong.

Subject to this Act, the Board shall determine its own procedure.

Every member of the Board shall be deemed to be a public servant within the meaning of the Penal Code

[Act 574].”.

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Amendment of section 9

by substituting for the word “Minister” wherever it appears the word “Board”;

in subsection (3)—

in paragraph (a), by substituting for the words

“whether oral or in writing” the words “in any form”;

by inserting after the words “public interest”

the words “or to protect a witness, or his family or associates”; and

in the proviso—

(aa) by inserting after the words “public interest” the words “or the need to protect a witness, or his family or associates”; and

(bb) by substituting for the full stop at the end of the proviso a semicolon;

and

in subsection (4), by substituting for the word “one” the word “two”; and

by inserting after subsection (4) the following subsections:

“(5)  Neither the person who is the subject of the inquiry nor a witness at an inquiry shall be represented by an advocate and solicitor at the inquiry except when his own evidence is being taken and recorded by the Inquiry Officer.

Prevention of Crime (Amendment and Extension)

The Public Prosecutor or a Deputy Public

Prosecutor may appear at an inquiry to assist the

Inquiry Officer.”.

New section 9a

being detained under any other written law; or

under confinement in prison, whether convicted or not.

Nothing in this section shall authorize the attendance of the subject of the inquiry or his advocate and solicitor or representative, if any, at the place of detention or prison.”.

Amendment of section 10

by substituting for subsection (1) the following subsection:

“(1)  If the Inquiry Officer is satisfied that there are no sufficient grounds for believing that the person who was the subject of the inquiry is a member of any of the registrable categories, he shall report his finding, together with his reasons for it, to the Board, and shall forward a copy of his finding to the officer having custody of the person, who shall forthwith serve a copy of the finding of the Inquiry Officer on that person.”;

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in subsection (2), by substituting for the word “Minister”

the word “Board”; and

by inserting after subsection (2) the following subsections:

“(3)  Whenever the Board, after considering the finding of the Inquiry Officer submitted under subsection (1), is satisfied with respect to any person that—

there are no sufficient grounds for believing that the person is a member of any of the registrable categories, the Board shall forthwith direct any person having the custody of that person, within twenty-four hours of the receipt of the direction, to produce the person before a Sessions Court

Judge, who shall thereupon discharge the order of remand made under section 4 and, if there are no other grounds on which the person is lawfully detained, shall order his immediate release;

based on the Inquiry Officer’s finding there are sufficient grounds for believing that the person is a member of any of the registrable categories, the Board shall proceed in accordance with

Parts III, IV and IVa of this Act.

If the Board makes a decision under paragraph (3)(b), it shall forward a copy of its decision to the officer having custody of the person, who shall forthwith serve a copy of the decision of the Board on that person.”.

Amendment of section 11

in the shoulder note, by substituting for the words “the

Minister” the word “Board”;

in subsection (1)—

by inserting after the words “subsection 10(2)” the words “or decision under paragraph 10(3)(b)”;

Prevention of Crime (Amendment and Extension)

in subsection (2)—

by substituting for the word “Minister” wherever it appears the word “Board”;

by inserting after the word “finding” the words “or decision”;

by substituting for the words “his decision”

the words “its decision”;

by substituting for the word “Magistrate”

the words “Sessions Court Judge”; and

by substituting for the words “his order”

the words “the order”.

Amendment of section 12

in paragraph (1)(b)—

by substituting for the word “Minister” the word

“Board”; and

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in subsection (2)—

by substituting for the word “Minister” the word

“Board”; and

by substituting for the word “Minister” the word “Board”;

and

by substituting for the words “his discretion” the words

“its discretion”.

Amendment of section 15

in subsection (1)—

by substituting for the word “Minister” the word

“Board”; and

in subsection (2)—

by substituting for the word “Minister” the word

“Board”;

except so far as may be otherwise provided by the order, he shall not access the internet;

he shall keep the peace and be of good behaviour;

he shall enter into a bond, with or without sureties as the Board may direct and in such amount as may be specified in the order, for his due compliance with the restrictions and conditions imposed on him by the order;

he shall be attached with an electronic monitoring device.”;

in subsection (3), by substituting for the word “Minister”

the word “Board”;

in subsection (4), by substituting for the word “five” the word “ten”; and

by inserting after subsection (4) the following subsections:

“(5)  Any person who conspires with, abets or assists any registered person to breach any conditions under this section shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding ten years and not less than two years.

Sections 173a and 294 of the Criminal Procedure

Code shall not apply in respect of offences under subsections (4) and (5).

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The punishment imposed under subsection (4)

and any term of imprisonment imposed under any written law shall not be taken into consideration for the purpose of the period of supervision imposed under subsection (1) and the period of supervision shall be continued from the date of completion of the sentence of imprisonment imposed.”.

New section 15a

In this Act, “judicial review” includes proceedings instituted by way of—

by substituting for the words “of one year” the words

“not exceeding five years”; and

by substituting for the words “of one” the words “not exceeding ten”.

Amendment of section 19

in subsection (1)—

by substituting for the words “six months” the words “five years”; and

in subsection (2)—

by substituting for the word “months” the word

“years”; and

The direction of the Board under subsection (1) shall be subject to review by the High Court.

Every registered person detained in pursuance of a detention order shall be detained in such place (hereinafter referred to as a “place of detention”) as the Board may direct and in accordance with any instructions issued by the Board and any regulations made under section 23.

Validity of detention orders 19b.  No detention order shall be invalid or inoperative by reason—

Where an order under section 19a is suspended, subsection 15(4) shall have effect as if the restrictions and conditions on which the order under section 19b is suspended were restrictions and conditions imposed by an order under section 15.

The Board may revoke the suspension of any detention order under section 19a if it is satisfied that the person against whom the order was made has failed to observe any restriction or condition imposed upon him or that it is necessary in the interest of public order that the suspension should be revoked, and in any such case the revocation of the suspension shall be sufficient authority to any police officer to re-arrest without warrant the person against whom the order was made, and that person shall as soon as practicable be returned to his former place of detention or, if the Board so directs, sent to another place of detention.

The suspension of any order under this section shall, subject to subsection 15(4) as applied by subsection (2) and subject also to subsection 15(3), continue in force for the unexpired portion of the period of the order specified under subsection 19a(1).

Effect on term of imprisonment 19d.  Where a person—

in subsection (2)—

by substituting for the words “one month” the words

“six months”; and

in paragraph (3)(a), by deleting the words “5,”.

Prevention of Crime (Amendment and Extension)

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New section 21a

to be against the public interest to disclose or produce; or

would compromise the protection of a witness, or his family or associates.”.

Substitution of section 22