*PREVENTION OF CRIME ACT 1959

This Act shall apply throughout Malaysia.

Interpretation

References to the supervision of the police shall be construed as references to the obligations imposed upon persons subject to police supervision under section 296 of the Criminal Procedure Code [Act 593].

When a person is arrested under subsection (1), the case shall be referred by the police officer to the Public Prosecutor for direction not later than seven days from the date of arrest.

Any person arrested under subsection (1) shall, unless sooner released, be taken without unreasonable delay, and in any case within twenty-four hours (excluding the time of any necessary journey) before a Magistrate.

Procedure before Magistrate

on production of a statement in writing signed by a police officer not below the rank of Inspector stating that there are grounds for believing that the name of that person should be entered on the Register, remand the person in police custody for a period of twenty-one days; or

if no such statement is produced, and there are no other grounds on which the person is lawfully detained, direct his release.

Any person remanded under paragraph (1)(a) shall, unless sooner released, on or before the expiry of the period for which he is remanded be taken before a Magistrate, who shall—

No person shall be arrested and detained under this section solely for his political belief or political activity.

Except as provided in subsection 9(5), section 28A of the

Criminal Procedure Code shall apply to any person remanded under section 4.

The Public Prosecutor may appear in any application made under this section.

For the purpose of this section “political belief or political activity” means engaging in a lawful activity through—

shall direct his release if there is produced to him a statement in writing signed by a police officer not below the rank of

Assistant Superintendent stating that it is not intended to continue with an inquiry into the case of that person under section 9; or

in any other case, on the application of a police officer may direct his release subject to—

the execution by the person of a bond, with or without sureties, for his due appearance at such place and at such time and within such period not exceeding fifty-nine days, as the Sessions Court Judge may direct; or

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).

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).

Special procedures relating to electronic monitoring device

The Sessions Court Judge shall explain the operation of the electronic monitoring device and the terms and conditions of the electronic monitoring device as specified in the form as specified in the Third Schedule 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 as specified in the form as specified in the Third Schedule and shall report to the nearest police station at such time as specified in the form.

Prevention of Crime 13

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, 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.

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.

Prevention of Crime Board

a Chairman, who shall be a legally qualified person with at least fifteen years experience in the legal field;

a Deputy Chairman; and

not less than three and not more than six other members.

*NOTE—Previously “not exceeding three years and such person shall be liable to pay for any damage to the electronic monitoring device arising from his action”–see the Prevention of Crime (Amendment) Act 2017 [Act A1549].

14 Laws of Malaysia ACT 297

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

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

The appointment of any member of the Board may at any time be revoked by the Yang di-Pertuan Agong.

The quorum for any sitting of the Board shall be three members.

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.

An inquiry held under subsection (1) shall be held in such manner and in accordance with such procedure as the Board may direct.

An Inquiry Officer may, for the purpose of any inquiry under this Act—

Any person summoned as a witness under subsection (3) who without reasonable excuse fails to attend at the time and place mentioned in the summons or who, having attended, refuses to answer any question that may lawfully be put to him or to produce any document or thing which it is in his power to produce, shall be guilty

16 Laws of Malaysia ACT 297

of an offence and liable to imprisonment for a term not exceeding six months or to a fine not exceeding two thousand ringgit or to both.

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.

The Public Prosecutor may appear at an inquiry to assist the

Inquiry Officer.

The Minister may by regulations prescribe the allowances to be paid to witnesses summoned under subsection (3).

Access by Inquiry Officer to detainees or prisoners

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.

Report of Inquiry Officer

If the Inquiry Officer is satisfied that there are reasonable 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 the grounds, together with his finding, to the Board.

(Deleted by Act A1549).

(Deleted by Act A1549).

Decision of the Board

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

there are reasonable grounds for believing that the person is a member of any of the registrable categories, the Board shall reverse the finding.

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—

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.

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.

The Board may, if it considers in the interest of public order or security to do so, with or without inquiry under this Act direct the

Registrar to enter in the Register the name, and such other particulars as may be prescribed, of any person who is a member of any of the registrable categories prescribed in Part II of the First Schedule.

Prevention of Crime 19

Person to be registered to attend before a police officer

taking the finger impressions and photograph of the person;

obtaining any other particulars relating to the person as may be prescribed or as may be necessary for effecting any such registration.

If any person fails to attend as so directed a police officer may report the failure to a Magistrate who shall thereupon issue a warrant to secure the attendance of that person as required.

Removal of name from the Register

Any person placed under the supervision of the police by order made under this section shall also be subject to all or any of the following restrictions and conditions, as the Board may by order direct:

The Board may, by order in writing, served on the registered person, vary, cancel or add to any restrictions and conditions imposed under this section.

A registered person who contravenes or fails to comply with any order or restriction or condition imposed on him 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.

Any person who conspires with, abets or assists any registered person to breach any restriction or condition 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).

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.

22 Laws of Malaysia ACT 297

Special procedure relating to electronic monitoring device by order of the Board

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.

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

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

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.

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.

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.

Prevention of Crime 23

Judicial review of act of decision of Board

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

Any person who contravenes this section shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding fifteen years and not less than five years.

24 Laws of Malaysia ACT 297

Double penalties for crimes of violence

is found between the hours of sunset and sunrise frequenting or loitering in or about any public place or in the neighbourhood of any place of public entertainment; or

at any time is found in the company of two or more registered persons; or

at any time is found in or near any place in which any act of violence or breach of the peace is being or has just been committed, and who is unable satisfactorily to account for his presence at such place or time or in such company shall be guilty of an offence and liable to imprisonment for a term not exceeding five years or to a fine not exceeding ten thousand ringgit or to both.

Harbouring

Any person aware of the presence in any State, district, mukim, town or village of any person, not being the husband or wife of the first-mentioned person, who has been ordered not to enter the State, district, mukim, town or village or has been ordered to reside in any other State, district, mukim, town or village, and being aware also of the making of the order, shall in the absence of reasonable excuse, proof whereof shall lie on him, forthwith give information thereof to the nearest police officer or Magistrate, and in default of his so doing shall be guilty of an offence and liable to imprisonment for a term not exceeding three years or to a fine not exceeding five thousand ringgit or to both.

PART IVA

DETENTION ORDERS

Detention orders

(Deleted by Act A1549).

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.

A copy of every detention order made by the Board under subsection (1) shall as soon as may be after the making of the order be served on the person to whom it relates, and every such person shall be

26 Laws of Malaysia ACT 297

entitled to make representations to an Advisory Board constituted under Clause (2) of Article 151 of the Federal Constitution in accordance with the prescribed procedures.

Validity of detention orders

that the person to whom it relates—

was immediately after the making of the detention order detained in any place other than a place of detention referred to in subsection 19A(3);

that the detention order was served on him at any place other than the place of detention referred to in subsection 19A(3), or that there was any defect relating to its service upon him.

Suspension of detention orders

Where an order under section 19A is suspended, subsection 15(3)

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(3) as applied by subsection (2) and subject also to subsection (3), continue in force for the unexpired portion of the period of the order specified in subsection 19A(1).

Effect on term of imprisonment

who is undergoing detention under section 19A is sentenced to any term of imprisonment under this Act or any other written law; or

has his period of detention renewed under section 19A whilst he is serving any such term of imprisonment, the detention or extended detention shall be deemed to be undergone concurrently with that term of imprisonment, and if upon completion of any such term of imprisonment, there still remains any unexpired portion of the detention period or of the extended detention period, he shall be required to be detained for such unexpired portion thereof.

28 Laws of Malaysia ACT 297

Power to order removal

Any person who is in the course of removal under subsection (1)

shall be deemed to be in lawful custody.

Power to order production of detained person

Any person in the course of being taken to any place under subsection (1) and whilst at such place shall be kept in such custody as the Commissioner General of Prison or the Inspector General of Police, as the case may be, may direct and whilst in that custody shall be deemed to be in lawful custody.

In this section, “Commissioner General of Prison” has the same meaning assigned to it by subsection 2(1) of the Prison Act 1995 [Act 537].

Prevention of Crime 29

Saving in respect of prosecution of persons detained

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.

In making any investigation under subsection (1), a police officer may exercise all or any of the powers in relation to police

30 Laws of Malaysia ACT 297

investigations in any seizable case which are given to him by the law for the time being in force relating to criminal procedure.

Arrest

Any person who, being legally bound under subsection (1) to submit to the taking of his photographs or finger impressions refuses or fails to submit thereto on demand shall be guilty of an offence and liable to imprisonment for a term not exceeding six month or to a fine not exceeding two thousand ringgit or to both.

Whenever—

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

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

Power to amend Schedules

Without prejudice to the generality of the powers conferred by subsection (1), the regulations may—

(Deleted by Act A1484).

_________________________________________

FIRST SCHEDULE

[Sections 2 and 22]

REGISTRABLE CATEGORIES

use Triad ritual; or

Prevention of Crime 33

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;