Section 5
Notification to next-of-kin and consultation with legal practitioner
of Security Offences (Special Measures) Act 2012
(1)
When a person is arrested and detained under section 4, a police officer conducting investigation shall—
(a)
immediately notify the next-of-kin of such person of his arrest and detention; and
(b)
subject to subsection (2), allow such person to consult a legal practitioner of his choice.
(2)
A police officer not below the rank of Superintendent of
Police may authorize a delay of not more than forty-eight hours for the consultation under paragraph (1)(b) if he is of the view that—
12 Laws of Malaysia ACT 747
(a)
there are reasonable grounds for believing that the exercise of that right will interfere with evidence connected to security offence;
(b)
it will lead to harm to another;
(c)
it will lead to the alerting of other person suspected of having committed such an offence but who are not yet arrested; or
(d)
it will hinder the recovery of property obtained as a result of such an offence.
(3)
This section shall have effect notwithstanding anything inconsistent with Article 5 of the Federal Constitution.