Section 8
of Criminal Procedure Code (Amendment) (No. 2) Act 2012
Section 8
The Code is amended by inserting after section 390 the following sections:
"Electronic monitoring requirement to be explained
Quoted provision
Section 390A
(a)
the consequences which may follow any failure by the person to comply with the electronic monitoring requirement; and
(b)
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.
(2)
A Court shall revoke the bail of any person who wilfully fails to comply with the electronic monitoring requirement under subsection (1).
(3)
Any person who tampers with, or destroys, the electronic monitoring device commits an offence and shall, on conviction, be liable to a fine not exceeding five thousand ringgit or to imprisonment not exceeding three years or to both, and such person shall be liable to pay for any damage to the electronic monitoring device arising from his action.
Quoted provision
Section 390B
Requirement for electronic monitoring
(2)
For the purpose of subsection (1), "to co-operate with the specified arrangement for monitoring" includes—
(a)
submitting to procedures required by the arrangement;
(b)
wearing or otherwise using devices approved by or in accordance with the arrangement;
(c)
maintaining such devices in the specified manner;
(d)
complying with directions given by persons carrying out functions for the purposes of those arrangement.
Quoted provision
Section 390c
Electronic monitoring devices
The following devices may be used for the purpose of electronic monitoring:
(a)
a device which is—
(i)
attached to a person;
(ii)
either directly or through a device referred to in paragraph (b) or (c), linked to a receiving centre by means of a fixed line, radio frequency, satellite or other technology;
(iii)
either directly or through a device referred to in paragraph (b) or (c), capable of transmitting to the receiving centre information relating to—
(A)
the particular place at which the device is located at a particular time; and
(B)
the functioning of the device; and
(iv)
capable of detecting any tampering with the device and transmitting to the receiving centre information relating to such tampering;
(b)
a portable tracking device which is, in conjunction with a device referred to in paragraph (a)
(i)
linked to a receiving centre by means of a fixed line, radio frequency, satellite or other technology;
(ii)
capable of detecting the device referred to in paragraph (a) and transmitting to the receiving centre information relating to particular place at which the devices are located at a particular time;
(iii)
capable, where the portable tracking device fails to detect the device referred to in paragraph (a), of transmitting to the receiving centre information relating to such failure; and
(iv)
capable of transmitting to the receiving centre information relating to the functioning of the devices; or
(c)
a site monitoring device which is—
(i)
linked to a receiving centre by means of a fixed line, radio frequency, satellite or other technology;
(ii)
in conjunction with a device referred to in paragraph (a), capable of—
(A)
detecting the presence or absence of the device referred to in paragraph (a) in or from a particular place at a particular time; and
(B)
transmitting to a receiving centre information relating to such presence or absence; and
(iii)
capable of transmitting to the receiving centre information relating to the functioning of the device.".