The Book of Prof Shad.docx

Detention on remand for acquitted accused the most

Info icon This preview shows pages 103–106. Sign up to view the full content.

View Full Document Right Arrow Icon
Detention on remand for acquitted accused: The most serious human rights violation issue in the law is that anyone acquitted by a court shall be put on remand if the Public Prosecutor files an appeal and applies to the court to have the person remanded pending the appeal or further appeal! The court has no discretion to refuse. There are no time limits for the appeal or further appeal to be heard. This means that an acquitted accused can languish in executive detention despite an acquittal by a court. Denial of bail: Any one charged under this Act has no right to bail. Some exceptions exist including a gender biased one in favour of women! Extension of arrest from 24 hours to 28 days : There is no judicial oversight of the reasonableness of this extension. No Special Court : Regrettably there is no Special Security Court with a specialized judge or judges to try security cases. There is skepticism about the High Court judge’s independence and courage to handle security cases. Sunset clause : Regrettably the Act itself has no sunset period. Secret witnesses: The Act takes great trouble to hide the identity of witnesses in some circumstances. Admissibility of evidence : As under the Criminal Procedure Code, illegally obtained evidence can be admitted. 103
Image of page 103

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
CONCLUSION ON SOSMA Despite its flaws, the Security Offences Act of 2012 is an important milestone. Its positive aspects far outweigh its negative features. It is pointing in a new direction of a more balanced, humane and compassionate government. But, of course, justice is not in legislation but in administration. Politicians and police who are used to old ways and are habituated to absolute powers, may not reconcile easily with the need to observe due process. They need to be re-educated. 104
Image of page 104
11. SOSMA AND BEYOND INTRODUCTION SOSMA has been undermined by the passage of a number of other laws to deal with security and terrorism threats. Some of these laws are: PREVENTION OF CRIME (AMENDMENT & EXTENSION) ACT 2014 (POCA) POCA revives the ISA’s executive power to detain for two years and to renew the detention for further two year periods. The main differences between the ISA and POCA are that the power to detain for two years is not in the hands of the Home Minister but a high powered Prevention of Crime Board appointed by the King. Further there is a provision for electronic monitoring. On the application by the Public Prosecutor, the Sessions Court may order the suspect to be fitted with an electronic monitoring device. Note also that there may be constitutional issues under Article 151 about the composition of the Prevention of Crime Board. PREVENTION OF TERRORISM ACT 2015 (POTA) The immediate background of this Act that a number of Malaysians were getting involved in the so- called Islamic state. The ISA and the Emergency Ordinance had been repealed earlier and the government felt that a new law to combat terrorism was needed. POTA revives the preventive detention of ISA but is perhaps a better drafted law.
Image of page 105

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
Image of page 106
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern