RIGHT TO QUESTION THE POLICE AUTHORITY
If the police is not in uniform, ask the police to show his/her authority card.
Police authority card:-
Red: suspended police officer. He/she has no authority to do anything to you. Walk away.
Blue: Rank of inspector and above.
Yellow: Below the rank of inspector
White: Reserve police
If the police is in uniform, note his/her name and ID number on his/her authority card. Do not forget to note the plate number of the police patrol car or motorcycle.
RIGHTS WHEN THE POLICE QUESTIONS YOU
Only give your name, NRIC number and address. If the police asks other questions, politely ask “Am I under arrest?” The police cannot arrest you just because you are a potential witness and want to take a statement from you (112 Statement/ Witness Statement). You are arrested if the police:
• answers “yes” to your question above;
• does not allow you to leave / wants to take you to the police
station; or
• handcuffs you.
If you are not under arrest, you may walk away or refuse to follow
him/her back to the police station or anywhere else, if asked to.
RIGHTS AFTER THE POLICE ARRESTS YOU
An arrest is unlawful if you are not informed of the reason. The police has the right to use reasonable force to arrest you if you resist. The police officer must immediately take you to the nearest police station and no other place. Should you asked the police whether you are under arrest and he said ‘yes’; or you were not allowed to leave or even handcuffed by the police, then you are indeed ‘under arrest’ and shall be brought to the police station.
At this juncture, you need to query the followings:-
(a) Why are you under arrest? This is important because you cannot be arrested just because you are a potential witness of a case.
(b) Which police station will you be brought to? The police must only take you to the police station and no other places.
The reason for this is so that you may then exercise your right to contact a relative and a lawyer to inform them accordingly. Do not afraid to make such a request for the presence of a lawyer. During questioning, you should cooperate and give your full name, age, address and occupation to the police. You have the right to remain silent to the rest of the question until your lawyer’s presence unless such delay may cause danger others.
RIGHTS DURING DETENTION
The police can only detain you at the police station for up to 24 hours for purpose of assisting the investigation. If the police cannot complete the investigation within 24 hours, the police must bring you before the Magistrate for a remand order. A remand order is a court order to detain someone for a period exceeding 24 hours but that said period shall not be more than 14 days in total. Additionally, you have the right to contact a lawyer and are entitled to state your wish to do so. Once you request for the presence of a lawyer, you have the right to consult the lawyer to the police station. The police must accord you the facility and reasonable time for you to meet and consult the lawyer. The police may, however, deny you this right, if the delay in questioning you may cause the occurrence of another crime or cause danger to others. You are allowed to have 1 set of clothing with you in the lock-up. The police must record and put all your personal belongings in safe custody. Your personal belongings must be returned to you upon your release. You are also allowed to take a bath 2 times a day. If you are sick, you have the right to receive immediate medical attention. You are to be given proper and adequate food and water during detention.
Q&A
1) CAN THE POLICE SEARCH YOUR CAR ?
The police have the power under Section 24(1) of the Police Act 1967 to stop and search your car. Hence, the police have the authority to stop your car and conduct inspection on your identification card as well as your driving licence (section 58(2) of the Road Transport Act 1987). The Police also have the power to search your car if they suspect you have done something illegal, or you are being investigated for a crime, or you have been arrested on suspicion of committing a crime. On the other hand, after being notified of an arrest, you have the right to make phone calls to your family, a lawyer, or the nearest Legal Aid Centre (LAC). Inform them about your arrest and give full cooperation to the police officer. Otherwise, under Sections 24(2), (3) and (4) of the Police Act 1967, you may be arrested without a warrant, or your vehicle can be moved to the nearby police station or to other places, if you have been suspected of committing an offence.
2) CAN THE POLICE SEARCH YOUR MOBILE PHONE ?
The police are allowed to check your phone, but they cannot do so without a valid reasonable cause. If they do check your phone, they must suspect that you have done something illegal, or you are being investigated for a crime, or you have been arrested on suspicion of committing a crime. When you are unsure of what to do, kindly call a lawyer for advice or request to be taken to the nearest police station for your phone check to be conducted.
Summary
In a nutshell, always stay calm and know your basic rights to the liberty of movement if you are being stopped, arrested, detained or even questioned by the police. Grab any opportunity to lodge a complaint or make police report should you encounter any malpractices of the police in the midst of carrying out their duties. Most importantly, feel free to consult a lawyer during an extreme situation when you have to!
