Prevention of Crime (Amendment) Act 2017

This Act may be cited as the Prevention of Crime

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

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:

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

The principal Act is amended by deleting section 6.

Section 7a of the principal Act is amended—

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

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

by substituting for subsection (7) the following subsection:

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

Prevention of Crime (Amendment)

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 10 of the principal Act is amended—

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”;

by deleting subsections (3) and (4).

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—

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

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

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

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

The principal Act is amended by deleting section 11.

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)

The principal Act is amended—

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

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

The person shall sign a form as specified in the

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.”.

Section 19a of the principal Act is amended—

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

by deleting subsection (2).

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

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)

9

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.

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.”.

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

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 ……………………..

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

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

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

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

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

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

Terms and conditions:

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 a police officer if there is any change of address;

to allow inspections of the device by a police officer;

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

to return all the device equipment to a police officer;

to submit to procedures required by a police officer;

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

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

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

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

to comply with any directions of a police officer;

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

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