Security Offences (Special Measures) Act 2012 · Updated to 1 Aug 2015 · Part IV · Special Procedures Relating to Sensitive Information
8. Sensitive information to be used as evidence by the Public Prosecutor
Feedback & supportNotwithstanding section 51A of the Criminal Procedure
Code, if the trial of a security offence involves matters relating to sensitive information the Public Prosecutor may, before the commencement of the trial, apply by way of an ex parte application to the court to be exempted from the obligations under section 51A of the Criminal Procedure Code.
sensitive information
“sensitive information” means any document, information and material— (a) relating to the Cabinet, Cabinet committees and State Executive Council; or (b) that concerns sovereignty, national security, defence, public order and international relations, whether or not classified as “Top Secret”, “Secret”, “Confidential” or “Restricted” by a minister, the Menteri Besar or Chief Minister of a Security Offences (Special Measures) State or any public officer appointed by a minister, the Menteri Besar or Chief Minister of a State;
16 Laws of Malaysia ACT 747
The Public Prosecutor shall disclose to the court the intention to produce sensitive information as evidence against the accused during the trial and the court shall allow the application under subsection (1).
The court shall view the sensitive information and other documents relating to the sensitive information and the court shall, in lieu of the delivery of the documents by the Public Prosecutor to the accused, order the Public Prosecutor to produce—
a statement setting out relevant facts that the sensitive information would tend to prove; or
a summary of the sensitive information, to be admitted as evidence.
Upon delivery of the statement or summary of the sensitive information pursuant to section 51A of the Criminal Procedure Code, if the accused objects to the admission of the statement or summary of the sensitive information as evidence, the accused’s counsel shall be allowed to—
view the sensitive information;
submit against admission of the statement or summary of the sensitive information in the trial; and
submit that the sensitive information is to be disclosed to the accused.
The Public Prosecutor shall then submit rebuttal submission.
The hearing shall be held in camera.
After hearing the Public Prosecutor’s submission, the court shall decide whether—
Security Offences (Special Measures)
security offences
“security offences” means the offences specified in the First Schedule;
the statement or summary of the sensitive information is admissible as evidence; or
the sensitive information be disclosed to the accused.
The decision of the court under this section is non-appealable.
Notice of accused’s intention to disclose sensitive information