ANNUAL REPORT 2019
77
CHAPTER 1
Roundtable discussion on chain remand arrest.
As a result of this discussion, SUHAKAM recommends that the following
actions be undertaken by the Judiciary (the Magistrate), enforcement
agencies (PDRM) and legal practitioners (Bar Council):
The Magistrate
i.
ii.
iii.
iv.
v.
vi.
vii.
The Magistrate should ensure that the provisions under Section 117,
especially in subsections (3) to (7), are met before an application
for remand is approved;
The Magistrate should ensure that each IO submits a complete
investigation journal with all the information, as required under
Section 119, before remand is approved;
The Magistrate should review the OKT’s detention record before
approving a remand application, for example, whether he went to
the authorities voluntarily;
The Magistrate should order PDRM not to re-arrest OKT within 48 hours;
The Magistrate should play the role of check and balance. He or
she should assure the OKT of his right to speak freely and without
fear of whether he had suffered any abuse from the time of his
arrest and if he had any health problems;
The Magistrate should identify OKTs without legal presentation and
arrange for assistance from YBGK;
The Magistrate should release the OKT temporarily pending the
results of a urine test and not issue a remand order;