PCA board mulls detention without trial for 51
Nigel AwPublished: Apr 14, 2014 6:48 PM | Updated: Apr 14, 2014 10:21 PM
The newly-installed board under the amended Prevention of Crime Act 1959 (PCA) is reviewing 51 cases on whether detention without trial or electronic monitoring of criminal suspects should be carried out.
The newly-installed board under the amended Prevention of Crime Act 1959 (PCA) is reviewing 51 cases on whether detention without trial or electronic monitoring of criminal suspects should be carried out.
“They (the board members) are conducting studies on 51 cases that have been brought before the board to be scrutinised on whether to place them under two years’ detention or to attach electronic monitoring devices on them,” Home Minister Ahmad Zahid Hamidi (left) told a press conference in Kuala Lumpur today.
Zahid said the five board members received their appointment letters from the Yang di-Pertuan Agong and began their service on April 2.
He said some 70 people have been placed on the list under the PCA.
Under the PCA, an individual suspected of committing registrable offences can be placed on a watch list after an inquiry.
The registrable offences are outlined in the PCA and generally cover crimes such as triad activities, drug trafficking and organised crime.
The PCA's board can then mete out a detention order or a supervision order (electronic monitoring), on the individuals in the list.
The amended law, unlike the repealed Internal Security Act, puts the decision of detention without trial in the hands of a five-men board instead of the minister.
The minister will also need to submit an annual report to Parliament on all activities related to detention orders.
The revised PCA also requires the provision that provides for detention without trial be reviewed by Parliament every five years and power of detention will become void if not reviewed in that period.
However, there is disagreement between legal experts on whether the detention order is subject to judicial review, more so as the law has not been tested in court.
“They (the board members) are conducting studies on 51 cases that have been brought before the board to be scrutinised on whether to place them under two years’ detention or to attach electronic monitoring devices on them,” Home Minister Ahmad Zahid Hamidi (left) told a press conference in Kuala Lumpur today.Zahid said the five board members received their appointment letters from the Yang di-Pertuan Agong and began their service on April 2.
He said some 70 people have been placed on the list under the PCA.
Under the PCA, an individual suspected of committing registrable offences can be placed on a watch list after an inquiry.
The registrable offences are outlined in the PCA and generally cover crimes such as triad activities, drug trafficking and organised crime.
The PCA's board can then mete out a detention order or a supervision order (electronic monitoring), on the individuals in the list.
The amended law, unlike the repealed Internal Security Act, puts the decision of detention without trial in the hands of a five-men board instead of the minister.
The minister will also need to submit an annual report to Parliament on all activities related to detention orders.
The revised PCA also requires the provision that provides for detention without trial be reviewed by Parliament every five years and power of detention will become void if not reviewed in that period.
However, there is disagreement between legal experts on whether the detention order is subject to judicial review, more so as the law has not been tested in court.
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