STage 1

ARREST & INVESTIGATION

The criminal justice system in Malaysia recognises two types of offence which the police may arrest with or without warrant. In a case where arrest has been made without warrant and categorised as seizable offence, the police may proceed with investigation of criminal offence without prior Order to Investigate (OTI) from the Public Prosecutor. The Police have 24 hours to complete the investigation which thereafter the Investigation Paper (IP) should be referred to the Public Prosecutor for further direction. If the investigation cannot be completed within 24 hours, the Police may apply to the Court for the suspected person be remanded under section 117 of the Criminal Procedure Code.

During the arrest, the suspected person may request and inform the police that he has the right to be represented by a lawyer before the start of questioning or recording any statement from the suspected person. Any questioning or recording of any statement by the police shall be deferred until the consultation with the lawyer has been made.

STAGE 2

REMAND PROCEEDINGS

After the expiration of 24 hours from his arrest, the arrested person shall be released forthwith. However, the Police may apply to the court for the suspected person be remanded beyond the 24 hours in order for the police to complete the investigations.

In most seizable offence which carries imprisonment of less than 14 years, the Magistrate may make an order to remand the suspected person up to 4 days on the first application and shall not be more than 3 days on the second application. For offence punishable with death or imprisonment of 14 years or more, the detention shall not be more than 7 days on the first application and shall not be more than 7 days on the second application.

At this stage a lawyer can be appointed by the suspected person to oppose the remand application by the police. Appointment of lawyer shall be made promptly and possibly the minute the suspected person arrested and brought to the police station.

STAGE 3

CHARGE AND BAIL

Soon after the period of remand has expired, the criminal charge will be read and explained to the accused person. If the accused person does understand the nature and consequences of the charge, the accused person is entitled to enter a plea. You have the right to be represented by a lawyer when the charge is read. Should the accused plead not guilty to the charge, the lawyer will request for bail application. Bail application is when the court will hear submissions from the accused's lawyer whether the accused may be released from custody upon payment of security deposit to the court. The payment of sum of money to the court is a form of security taken from a person to appear on a fixed date before a court. However, some offences the law excludes the person right to the bail hence he shall be further detained until the completion of the trial.

If the court grants the bail application, the accused will be released from custody. But the criminal case is not over yet. The accused shall compulsory attend every hearing/mention and trial of the case on the date and time fixed by the court. Failure to do so would result the security deposit forfeited and warrant of arrest will be issued against the accused person and if deemed necessary  to the person who stands as bailor to the accused.

STAGE 4

PRE-TRIAL CASE MANAGEMENT

After the bail proceedings, a new date will be fixed for the case management. All relevant documents and evidence to be used by the prosecution in the trial will be given to the defence lawyer. 

STAGE 5

TRIAL

The trial begins with the prosecution calling their witnesses and presenting their evidence to the court. The prosecution at this stage is required to discharge the burden of proving their case beyond reasonable doubts. If the prosecution fails to establish a prima facie case, the court will discharge and acquit the accused.

STAGE 6

POST-TRIAL

In the event the accused person is found guilty, the court will sentence the accused person according to the prescribed punishments. Before sentencing, the lawyer will have a chance to ask for mitigation i.e. lighter sentence. After sentencing, the lawyer may also ask for stay of execution pending appeal to the appellate court.