CRIMINAL PROCEDURE CODE (AMENDMENT) ACT 2016

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette and the Minister may appoint different dates for the coming into operation of different provisions of this Act.

if the offender is charged with a serious offence; or

if the offender is charged with the commission of an act of domestic violence as defined under section 2 of the Domestic Violence Act 1994 [Act 521]."

New sections 265A, 265B and 265C

For the purpose of satisfying itself as to the need to protect the identity of the witness, the Court shall hold an inquiry in camera by questioning the witnesses concerned or any other witness in the absence of the accused and his counsel.

If after such inquiry the Court is satisfied as to the need to protect the identity of the witness, the evidence of such witness shall be given in such a manner that the witness would not be visible to the accused and his counsel and further if the witness fears that his voice may be recognized, his evidence shall be given in such manner that he would not be heard by the accused and his counsel.

The evidence given by the witness under subsection (3) shall be given to the accused and his counsel provided that the Court shall cause the evidence leading to the identity of the witness to be concealed.

The Court shall disallow any question by the accused or his counsel to any other witness that would lead to the identification of the witness who has given his evidence under this section.

Where a witness gives evidence in accordance with this section, he shall for the purposes of this Code and the Evidence Act 1950 be deemed to be giving evidence in the presence of the Court, the accused person and his counsel.

The Court shall seal all records that may lead to the identification of the witness who has given evidence under this section.

Identification by witness where evidence is taken in camera

the name;

the address;

the picture of the protected witness or any other person, place or thing which may lead to the identification of the protected witness; or

any evidence or any other thing likely to lead to the identification of the protected witness.".

Amendment of section 294

if the offender is charged with a serious offence; or

if the offender is charged with the commission of an act of domestic violence as defined under section 2 of the Domestic Violence Act 1994.".

New section 399B

If evidence is proved that the accused—

in subsection (1), by substituting for the words "Chief Police Officer" the words "Officer in charge of a Police District"; and

in subsection (2), by substituting for the words "Government of the State in which that property was seized" the words "Federal Government".

Substitution of section 415

it is subject to speedy decay or deterioration;

it cannot be maintained without difficulty, or it is not practicable to maintain;

in the opinion of the police officer that the value of such property is less than ten thousand ringgit; or

its custody involves unreasonable expense and inconvenience.

The proceeds of the sale shall be then passed to and become vested in the Federal Government after deducting the cost and expenses of the maintenance and sale of the property.".

New section 425A

A Court may proceed or continue with the trial and pronounce judgment in the absence of the accused provided that the Court shall not pass any of the following sentences in the absence of the accused:

If a warrant of arrest has been issued—

If the Court proceeds or continues with the trial pursuant to subsection (2), the Court may draw an inference adverse to the accused from the fact that he has absconded.

If an accused reappears at his trial, he is not entitled to have any part of the proceedings that was conducted in his absence reopened unless the Court is satisfied that because of exceptional circumstances it is in the interest of justice to reopen the proceedings.

Where an accused has absconded and the Court proceeds or continues with his trial, counsel for the accused may continue to act for the accused in the trial.

For the purpose of this section, "judgment" includes conviction, acquittal and sentence.".

Amendment of section 430

by inserting after the item relating to section 124 of the Penal Code, the following items under the respective columns:

1 Penal Code Section2 Offence3 Whether the police may ordinarily arrest without warrant4 Whether a warrant or a summons shall ordinarily issue in the first instance5 Whether bailable or not6 Whether compoundable or not7 Maximum punishment under the Penal Code“124BActivity detrimental to parliamentary democracydo.do.do.do.Imprisonment which may extend to twenty years

1 Penal Code Section2 Offence3 Whether the police may ordinarily arrest without warrant4 Whether a warrant or a summons shall ordinarily issue in the first instance5 Whether bailable or not6 Whether compoundable or not7 Maximum punishment under the Penal Code124CAttempt to commit activity detrimental to parliamentary democracydo.do.do.do.Imprisonment which may extend to fifteen years124DPrinting, sale,etc., of documents and publication detrimental to parliamentary democracydo.do.do.do.Imprisonment which may extend to fifteen years124EPossession of documents and publication detrimental to parliamentary democracydo.do.do.do.Imprisonment which may extend to ten years124FImportation of document and publication detrimental to parliamentary democracydo.do.do.do.Imprisonment which may extend to five years124GPosting of placards,etc.do.do.do.do.Imprisonment which may extend to five years124HDissemination of informationdo.do.do.do.Imprisonment which may extend to five years124IDissemination of false reportsdo.do.do.do.Imprisonment which may extend to five years124JReceipt of document and publication detrimental to parliamentary democracydo.do.do.do.Imprisonment which may extend to ten years

1 Penal Code Section2 Offence3 Whether the police may ordinarily arrest without warrant4 Whether a warrant or a summons shall ordinarily issue in the first instance5 Whether bailable or not6 Whether compoundable or not7 Maximum punishment under the Penal Code124KSabotagedo.do.do.do.Imprisonment for life124LAttempt to commit sabotagedo.do.do.do.Imprisonment which may extend to fifteen years124MEspionagedo.do.do.do.Imprisonment for life124NAttempt to commit espionagedo.do.do.do.Imprisonment which may extend to fifteen years";

by inserting after the item relating to section 130F of the Penal Code, the following items under the respective columns:

1

Penal Code

Section2

Offence3

Whether the police may ordinarily arrest without warrant or not4

Whether a warrant or a summons shall ordinarily issue in the first instance5

Whether bailable or not6

Whether compoundable or not7

Maximum punishment under the Penal Code“130FAReceiving training and instruction from terrorist groups and persons committing terrorist actsdo.do.do.do.Imprisonment for thirty years, and fine130FBAttendance at place used for terrorist trainingdo.do.do.do.Imprisonment for ten years, or with fine”;

by inserting after the item relating to section 130J of the Penal Code, the following items under the respective columns:

1

Penal Code Section2

Offence3

Whether the police may ordinarily arrest without warrant or not4

Whether a warrant or a summons shall ordinarily issue in the first instance5

Whether bailable or not6

Whether compoundable or not7

Maximum punishment under the Penal Code“130JATravelling to, through or from Malaysia for the commission of terrorist acts in foreign countrydo.do.do.do.Imprisonment for thirty years, and fine130JBPossession, etc., of items associated with terrorist groups or terrorist actsdo.do.do.do.Imprisonment for seven years, and fine, and forfeiture of certain property130JCOffence to build, etc., conveyance for use in terrorist actsdo.do.do.do.Imprisonment for thirty years, and fine, and forfeiture of conveyance130JDPreparation of terrorist actsdo.do.do.do.Imprisonment for seven years, and fine”;

by inserting after the item relating to section 130k of the Penal Code, the following items under the respective columns:

1

Penal

Code

Section2

Offence3

Whether the police may ordinarily arrest without warrant or not4

Whether a warrant or a summons shall ordinarily issue in the first instance5

Whether bailable or not6

Whether compoundable or not7

Maximum punishment under the Penal Code“130KAMember of a terrorist groupdo.do.do.do.Imprisonment which may extend to imprisonment for life, and fine”;

by inserting after the item relating to section 130Q of the Penal Code, the following items under the respective columns:

1

Penal

Code

Section2

Offence3

Whether the police may ordinarily arrest without warrant or not4

Whether a warrant or a summons shall ordinarily issue in the first instance5

Whether bailable or not6

Whether compoundable or not7

Maximum punishment under the Penal Code“130QAAccepting gratification to facilitate or enable terrorist actsdo.do.do.do.If the act results in death, with death, in any other case, imprisonment for not less than seven years but not exceeding thirty years, and fine”;

by inserting after the item relating to section 130s of the Penal Code, the following items under the respective columns:

1

Penal

Code

Section2

Offence3

Whether the police may ordinarily arrest without warrant or not4

Whether a warrant or a summons shall ordinarily issue in the first instance5

Whether bailable or not6

Whether compoundable or not7

Maximum punishment under the Penal Code

"CHAPTER VI B - ORGANIZED CRIME

130vMember of an organized criminal groupMay arrest without warrantWarrantNot bailableNot compoundableImprisonment for not less than five years and not more than twenty years130wAssisting in an organized criminal groupdo.do.do.do.Imprisonment which may extend to ten years

Criminal Procedure Code (Amendment)

1 Penal Code Section2 Offence3 Whether the police may ordinarily arrest without warrant or not4 Whether a warrant or a summons shall ordinarily issue in the first instance5 Whether bailable or not6 Whether compoundable or not7 Maximum punishment under the Penal Code130xHarbouring a member of an organized criminal groupdo.do.do.do.Imprisonment which may extend to five years, and fine130yConsorting with an organized criminal groupdo.do.do.do.Imprisonment for not less than five years and not more than twenty years130zRecruiting persons to be members of an organized criminal groupdo.do.do.do.Imprisonment which may extend to ten years, and fine130ZAParticipation in an organized criminal groupdo.do.do.do.Imprisonment which may extend to ten years, and fine130zbAccepting gratification to facilitate or enable organized criminal activitydo.do.do.do.If the act results in death, with death, in any other case, with imprisonment not less than seven years but not exceeding thirty years, and fine";

by inserting after the item relating to section 176 of the Penal Code, the following items under the respective columns:

1 Penal Code Section2 Offence3 Whether the police may ordinarily arrest without warrant or not4 Whether a warrant or a summons shall ordinarily issue in the first instance5 Whether bailable or not6 Whether compoundable or not7 Maximum punishment under the Penal Code“176If the notice of information required respects the commission of offences under Chapter VI Bdo.do.do.do.Imprisonment for seven years, or fine, or both”;

by inserting after the item relating to section 203 of the Penal Code, the following items under the respective columns:

1

Penal Code

Section2

Offence3

Whether the police may ordinarily arrest without warrant or not4

Whether a warrant or a summons shall ordinarily issue in the first instance5

Whether bailable or not6

Whether compoundable or not7

Maximum punishment under the Penal Code“203ADisclosure of informationdo.do.do.do.Fine not more than one million ringgit, or imprisonment which may extend to one year, or both”;

in the item relating to section 324 of the Penal Code—

in column 4, by substituting for the word "do." the word "Warrant";

in the item relating to section 325 of the Penal Code—

in column 4, by substituting for the word "do." the word "Summons"; and

in the item relating to section 326 of the Penal Code, in column 4, by substituting for the word "do." the word "Warrant";

by inserting after the item relating to section 326 of the Penal Code, the following items under the respective columns:

1

Penal Code

Section2

Offence3

Whether the police may ordinarily arrest without warrant or not4

Whether a warrant or a summons shall ordinarily issue in the first instance5

Whether bailable or not6

Whether compoundable or not7

Maximum punishment under the Penal Code“326ACausing hurt by spousedo.do.do.do.Imprisonment for a term twice as long as the maximum term for which he would have been liable on conviction for that offence under the relevant section”;

by inserting after the item relating to section 352 of the Penal Code, the following items under the respective columns:

1 Penal Code Section2 Offence3 Whether the police may ordinarily arrest without warrant or not4 Whether a warrant or a summons shall ordinarily issue in the first instance5 Whether bailable or not6 Whether compoundable or not7 Maximum punishment under the Penal Code“352AUsing criminal force by spousedo.do.do.do.Imprisonment which may extend to six months, or fine which may extend to two thousand ringgit, or both”;

by inserting after the item relating to section 375A of the Penal Code, the following items under the respective columns:

1

Penal

Code

Section2

Offence3

Whether the police may ordinarily arrest without warrant or not4

Whether a warrant or a summons shall ordinarily issue in the first instance5

Whether bailable or not6

Whether compoundable or not7

Maximum punishment under the Penal Code“375BGang rapedo.do.do.do.Imprisonment for not less than ten years, and not more than thirty years”;

in the item relating to subsection 376(2) of the Penal Code, in column 7, by substituting for the word "five" the word "ten";

in the item relating to section 376B of the Penal Code, in column 7, by substituting for the words "not less than six years and not more than twenty years" the words "not less than ten years and not more than thirty years";

in the item relating to section 377CA of the Penal Code, in column 7, by substituting for the words "twenty years" the words "not less than five years and not more than thirty years";

in the item relating to section 377E of the Penal Code, in column 7, by substituting for the words "five years" the words "not less than three years and not more than fifteen years";

by inserting after the item relating to section 411 of the Penal Code, the following items under the respective columns:

1

Penal Code

Section2

Offence3

Whether the police may ordinarily arrest without warrant or not4

Whether a warrant or a summons shall ordinarily issue in the first instance5

Whether bailable or not6

Whether compoundable or not7

Maximum punishment under the Penal Code“411AReceiving benefit derived from criminal activities of organized criminal groupdo.do.do.do.Imprisonment which may extend to six years”;

in column 3, by substituting for the words "Shall not arrest without warrant" the words "May arrest without warrant";

in the item relating to subsection 426 of the Penal Code—

in the item relating to section 427 of the Penal Code—

in column 3, by substituting for the words "Shall not arrest without warrant" the words "May arrest without warrant";

in the item relating to section 428 of the Penal Code—

in column 3, by substituting for the words "May arrest without warrant" the word "do.";

by deleting the items relating to section 429 of the Penal Code;

in the item relating to section 430 of the Penal Code—

in column 5, by substituting for the word "do." the words "Not bailable"; and

in the item relating to section 430A of the Penal Code, in column 5, by substituting for the word "do." the word "Bailable"; and

in the item relating to section 435 of the Penal Code, in column 7, by substituting for the word "seven" the word "fourteen".

The Court may, with due regard to the nature of the offence and the circumstances of the case as being sufficient to secure the person's attendance at his trial, order for an electronic monitoring device to be attached to the person in lieu of the execution of a bond.

The Court shall, before ordering a person to be attached with an electronic monitoring device under subsection (1), give the person and the Public Prosecutor an opportunity to be heard.

The Court shall not make an order for a person to be attached with an electronic monitoring device under subsection (1) if there is a person (other than the person to be monitored) without whose co-operation it will not be practicable to secure the monitoring.

Notwithstanding subsection (1), the Public Prosecutor may apply to the Court for any person to be so released on bail to be attached with an electronic monitoring device.

Where the Public Prosecutor has made an application under subsection (5), the Court shall, with due regard to the nature of the offence and the circumstances of the case, order for the person to be so attached with an electronic monitoring device in lieu of the execution of a bond.

Any person ordered to be attached with an electronic monitoring device under subsection (6) shall sign Form 55 of the Second Schedule and deposit the Form with the Court.".

Amendment of section 8

the terms and conditions as stated in Form 55 of the Second Schedule;

the consequences which may follow any failure by the person to comply with the electronic monitoring requirement; and

any other conditions as may be imposed by the Court which includes the payment for the maintenance of the device and the time period for the person to be monitored electronically.

A Court shall revoke the bail of any person who willfully fails to comply with the electronic monitoring requirement under subsection (1)."

New section 10

to report to the nearest police station at/for every ...;

understands that all movements will be tracked and retained as an official record;

agrees to be required to report for device equipment checks if necessary;

to notify the police officer if there is any change of address;

to allow inspections of the device by the police officer;

to report to the nearest police station for removal of the device;

to return all the device equipment to the police officer;

to submit to procedures required by the police officer;

to maintain the device as instructed by the police officer;

to comply with any directions of the police officer;

to comply with any other conditions as the court may determine.