STage 1

ARREST & INVESTIGATION

In Malaysia, the criminal justice system categorizes offences into two types: those for which the police may arrest with or without a warrant. In cases of arrests made without a warrant for a seizable offence, the police can proceed with investigating the criminal offence without first obtaining an Order to Investigate (OTI) from the Public Prosecutor. The police are required to complete the investigation within 24 hours, after which the Investigation Paper (IP) must be referred to the Public Prosecutor for further instructions. If the investigation cannot be completed within this timeframe, the police may apply to the court under Section 117 of the Criminal Procedure Code to remand the suspect.

During the arrest, the suspect has the right to inform the police that they wish to be represented by a lawyer before any questioning or statement recording begins. The police are required to delay questioning or recording of any statement until the suspect has consulted with their lawyer.

STAGE 2

REMAND PROCEEDINGS

After the initial 24-hour period following an arrest, the detained individual must be released immediately unless the police apply to the court for an extension of detention to complete their investigations.

For most seizable offences carrying a sentence of less than 14 years' imprisonment, a Magistrate may order a remand of up to 4 days on the first application and up to 3 days on a second application. For offences punishable by death or imprisonment of 14 years or more, the detention may be extended for up to 7 days on both the first and second applications.

At this stage, the suspect has the right to appoint a lawyer to contest the police's remand application. Legal representation should ideally be arranged promptly, preferably as soon as the suspect is arrested and taken to the police station.

STAGE 3

CHARGE AND BAIL

Once the remand period expires, the criminal charge will be read and explained to the accused. If the accused understands the nature and consequences of the charge, they may enter a plea. The accused has the right to be represented by a lawyer during this process. If the accused pleads not guilty, their lawyer may submit a bail application.

A bail application involves the court hearing arguments from the accused's lawyer on whether the accused can be released from custody upon paying a security deposit. This deposit serves as a guarantee for the accused's attendance in court on the specified dates. However, certain offences are non-bailable under the law, in which case the accused will remain in custody until the trial concludes.

If the court approves the bail application, the accused will be released from custody. However, the criminal proceedings will continue. The accused must attend all court mentions, hearings, and trial dates as scheduled. Failure to appear will result in the forfeiture of the security deposit, the issuance of a warrant of arrest, and, if necessary, legal action against the bailor who provided the guarantee.

STAGE 4

PRE-TRIAL CASE MANAGEMENT

After the bail proceedings, the court will set a new date for case management. During this stage, all relevant documents and evidence that the prosecution intends to use at trial will be provided to the defense lawyer.

STAGE 5

TRIAL

The trial commences with the prosecution presenting its case by calling witnesses and submitting evidence to the court. At this stage, the prosecution bears the burden of proving the case beyond a reasonable doubt. If the prosecution fails to establish a prima facie case, the court will discharge and acquit the accused.

STAGE 6

POST-TRIAL

If the accused is found guilty, the court will impose a sentence based on the prescribed punishments. Before sentencing, the defense lawyer will have the opportunity to present a mitigation plea, requesting a lighter sentence. Following sentencing, the lawyer may also request a stay of execution to delay enforcement of the sentence pending an appeal to the appellate court.