Is PREVENTION OF CRIME (AMENDMENT) ACT 2017 still in force?

Yes — PREVENTION OF CRIME (AMENDMENT) ACT 2017 is currently in force.

When did PREVENTION OF CRIME (AMENDMENT) ACT 2017 take effect?

PREVENTION OF CRIME (AMENDMENT) ACT 2017 was first recorded in 2017.

How many sections does PREVENTION OF CRIME (AMENDMENT) ACT 2017 have?

PREVENTION OF CRIME (AMENDMENT) ACT 2017 contains 26 sections.

Where can I read the official version of PREVENTION OF CRIME (AMENDMENT) ACT 2017?

The official text of PREVENTION OF CRIME (AMENDMENT) ACT 2017 is published at lom.agc.gov.my.

/akn/my/act/amendment_act/2017/A1549

PREVENTION OF CRIME (AMENDMENT) ACT 2017

The full official text, structured for quick navigation. Copy any provision or jump straight to a section.

Open source PDF

Bahasa Malaysia English

Type: Amendment Act
Status: In force
Enacted: 2017
Sections: 26
Languages: MS · EN

Quick answer

About this amendment act

PREVENTION OF CRIME (AMENDMENT) ACT 2017 is Malaysia Amendment Act, cited as Amendment Act A1549 2017, currently marked in force and first recorded in 2017.

Opening note

Preamble

An Act to amend the Prevention of Crime Act 1959. [ ] ENACTED by the Parliament of Malaysia as follows: Short title and commencement

Section 1

(2)

This Act comes into operation on a date to be appointed by the Minister by notification in the Gazette.

New section 4a

Section 2

The Prevention of Crime Act 1959 [Act 297], which is referred to as the “principal Act” in this Act, is amended by inserting after section 4 the following section:

Quoted provision

Section 4a

The police officer making an investigation pertaining to a person arrested under subsection 3(1) shall cause a copy of the complete report of the investigation to be submitted to an Inquiry Officer and the Board, within such period as may be prescribed by the Minister.”.

PREVENTION OF CRIME (AMENDMENT) ACT 2017

Deletion of section 6

Section 3

“Report of investigation to be submitted to Inquiry Officer, etc.

The principal Act is amended by deleting section 6.

Section 4

Amendment of section 7a

(a)

in subsection (2), by inserting after the words “terms and conditions of the electronic monitoring device”

the words “as specified in the form as specified in the

Third Schedule”;

(b)

in subsection (5), by inserting after the words “electronic monitoring device” the words “as specified in the form as specified in the Third Schedule”; and

(c)

by substituting for subsection (7) the following subsection:

“(7) Any person who tampers with, damages, destroys or loses the electronic monitoring device or any other device used in relation to the operation of 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 or loss of the electronic monitoring device or any other device used in relation to the operation of the electronic monitoring device, and the court may direct that in default of payment for the damage or loss the person shall suffer imprisonment for a term not exceeding three years.”.

Amendment of section 7b

Section 5

Subsection 7b(2) of the principal Act is amended by deleting the words “once for another period of three years”.

Prevention of Crime (Amendment)

Section 6

Amendment of section 9

Subsection 9(1) of the principal Act is amended by substituting for the words “When any person is brought before an Inquiry

Officer under section 6, the Inquiry Officer” the words

“Upon receiving a complete report of the investigation under section 4a, an Inquiry Officer”.

Section 7

Amendment of section 10

(a)

in subsections (1) and (2), by deleting the words “, 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”;

and

(b)

by deleting subsections (3) and (4).

New section 10a

Section 8

The principal Act is amended by inserting after section 10

the following section:

“Decision of the Board 10a. (1) Where the Board, after considering the finding of the Inquiry Officer submitted under subsection 10(1)

and the complete report of the investigation submitted under section 4a, is satisfied that—

(a)

there are no sufficient grounds for believing that the person is a member of any of the registrable categories, the Board shall confirm the finding; or

(b)

there are reasonable grounds for believing that the person is a member of any of the registrable categories, the

Board shall reverse the finding.

(2)

Where the Board, after considering the finding of the Inquiry Officer submitted under subsection 10(2)

and the complete report of the investigation submitted under section 4a, is satisfied that—

(a)

there are reasonable grounds for believing that the person is a member of any of the registrable categories, the

Board shall confirm the finding; or

(b)

there are no sufficient grounds for believing that the person is a member of any of the registrable categories, the Board shall reverse the finding.

(3)

If the Board makes a decision under paragraph (1)(b)

or (2)(a), the Board shall proceed in accordance with

Parts III, IV and IVa of this Act.

(4)

If the Board makes a decision under paragraph (1)(a)

or (2)(b), and the person who was the subject of the inquiry is still in custody, the Board shall direct any person having the custody of that person, within twenty-four hours from the receipt of the direction, to produce the person before a Sessions Court Judge, who shall thereupon discharge the order of remand and, if there are no other grounds on which the person is lawfully detained, shall order his immediate release.”.

Deletion of section 11

Section 9

The principal Act is amended by deleting section 11.

Section 10

Amendment of section 12

Section 12 of the principal Act is amended by substituting for subsection (1) the following subsection:

“(1) The Registrar shall keep a Register for the purposes of this Act, in which shall be entered the name of every person who was the subject of the inquiry against whom the

Board has reversed the finding under paragraph 10a(1)(b)

or confirmed the finding under paragraph 10a(2)(a)

together with such other particulars as may be prescribed by the Minister.”.

Prevention of Crime (Amendment)

Section 11

Amendment of section 15a

The principal Act is amended—

(a)

by renumbering the existing section 15a as section 15b;

and

(b)

by inserting before section 15b as renumbered the following section:

“Special procedure relating to electronic monitoring device by order of the Board 15a. (1) Upon the making of an order by the Board under paragraph 15(2)(l), the police officer shall explain the operation of the electronic monitoring device and the terms and conditions of the electronic monitoring device to the person.

(2)

The person shall sign a form as specified in the

Fourth Schedule and comply with all the terms and conditions as specified in the form and deposit the form with the officer in charge of the police district.

(3)

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

(4)

The person shall report to the nearest police station at such time as specified in the form.

(5)

Any person who fails to comply with the terms and conditions of the electronic monitoring device under subsection (2) shall be guilty of an offence and liable to imprisonment for a term not exceeding three years.

(6)

Any person who tampers with, damages, destroys or loses the electronic monitoring device or any other device used in relation to the operation of 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 or loss of the electronic monitoring device or any other device used in relation to the operation of the electronic monitoring device, and the court may direct that in default of payment for the damage or loss the person shall suffer imprisonment for a term not exceeding three years.

(7)

Upon expiry of the period referred to in the order, the person shall report to the nearest police station for removal of the electronic monitoring device.”.

Amendment of section 19a

Section 12

Section 19a of the principal Act is amended—

(a)

in subsection (1), by deleting the words “, after considering the report of the Inquiry Officer submitted under section 10 and the outcome of any review under section 11,”; and

(b)

by deleting subsection (2).

Amendment of section 19b

Section 13

Subparagraph 19b(a)(i) of the principal Act is amended by substituting for the word “before” the word “after”.

Section 14

New section 19h

The principal Act is amended in Part IVa by inserting after section 19g the following section:

“Board’s power to revoke supervision order, detention order, suspended detention order or direction for extension of any such order 19h. (1) Notwithstanding anything in this Act, the Board may at any time revoke any supervision order made under section 15, any detention order made under section 19a,

Prevention of Crime (Amendment)

any suspended detention order made under section 19c or any direction for the extension of the duration of any such order, if the Board deems it just or fit to do so.

(2)

Any revocation under subsection (1) shall be without prejudice to the validity of the order or direction before its revocation or to anything done thereunder, or to the power of the Board to make a fresh supervision order under section 15, a fresh detention order under section 19a or a fresh direction in respect of the person against whom the order or direction which is revoked was made or given.”.

Amendment of section 21

Section 15

Paragraph 21(3)(a) of the principal Act is amended by substituting for the words “, 10 or 11” the words “or 10a”.

Section 16

New Fourth Schedule

The principal Act is amended by inserting after the

Third Schedule the following Schedule:

“FOURTH SCHEDULE

[Section 15a]

FORM

ELECTRONIC MONITORING DEVICE BY ORDER OF THE

PREVENTION OF CRIME BOARD

Dated ……………………..

Quoted provision

Section 1

Name:……………………………….................................…….......………..

Quoted provision

Section 2

Case No.:……………………………………...................……….......………

Quoted provision

Section 3

Identity Card No.:…………………………......................………................

Quoted provision

Section 4

Address:………………..…………….........................………….......……….

Quoted provision

Section 5

Telephone No.:……………………...............................…......……………..

Quoted provision

Section 6

Family members to be contacted:……….................……......……………..

Quoted provision

Section 7

Period to be attached with electronic monitoring device (“device”):………..

Quoted provision

Section 8

Terms and conditions:

(a)

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

(b)

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

(c)

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

(d)

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

(e)

to allow inspections of the device by a police officer;

(f)

to report to the …………….. police station for removal of the device;

(g)

to return all the device equipment to a police officer;

(h)

to submit to procedures required by a police officer;

(i)

to maintain the device as instructed by a police officer including to ensure the device is charged and activated at all times;

(j)

to install the beacon in the house or premises where he is staying;

(k)

to ensure the device is not lost, damaged, tampered with or destroyed;

(l)

to report immediately to a police officer if the device is lost, damaged, tampered with or destroyed;

(m)

to comply with any directions of a police officer;

(n)

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

Quoted provision

Section 9

Failure to comply with the terms and conditions as stated in this Form is an offence under subsection 15a(5) of the Prevention of Crime Act 1959.

I hereby agree to and shall comply with the terms and conditions as stated in this Form.

……………………………..

(

)

Terms and conditions have been explained to the subject by:

Signature: …………………………………

Name: ……………………………………..

Police No.: ………………………………..

Rank: ……………………………………… ”.

KUALA LUMPUR

Common questions

What is PREVENTION OF CRIME (AMENDMENT) ACT 2017?: PREVENTION OF CRIME (AMENDMENT) ACT 2017 is Malaysia Amendment Act, cited as Amendment Act A1549 2017, currently marked in force and first recorded in 2017.
Is PREVENTION OF CRIME (AMENDMENT) ACT 2017 still in force?: Yes — PREVENTION OF CRIME (AMENDMENT) ACT 2017 is currently in force.
When did PREVENTION OF CRIME (AMENDMENT) ACT 2017 take effect?: PREVENTION OF CRIME (AMENDMENT) ACT 2017 was first recorded in 2017.
How many sections does PREVENTION OF CRIME (AMENDMENT) ACT 2017 have?: PREVENTION OF CRIME (AMENDMENT) ACT 2017 contains 26 sections.
Where can I read the official version of PREVENTION OF CRIME (AMENDMENT) ACT 2017?: The official text of PREVENTION OF CRIME (AMENDMENT) ACT 2017 is published at lom.agc.gov.my.