Stay calm and ask to contact a lawyer. Under section 28A of the Criminal Procedure Code you may consult a lawyer, and you should not sign any statement, cautioned or otherwise, that you do not understand or have not had advice on. If possible, let your family know where you are being held so they can arrange help.
How does bail work in a Malaysian criminal case?
Bail is governed mainly by sections 387 and 388 of the Criminal Procedure Code. For bailable offences listed in the First Schedule, bail is a matter of right. For non-bailable offences, the court has discretion and considers the seriousness of the offence, the strength of the case, the risk of absconding or interfering with witnesses, previous record and ties to the community.
Is the death penalty still mandatory for drug trafficking?
No. The Abolition of Mandatory Death Penalty Act 2023 made the death sentence discretionary for drug trafficking under section 39B of the Dangerous Drugs Act 1952. The trial court can now impose either death or life imprisonment with whipping. Act 847 also allows prisoners previously under a mandatory death or life sentence to apply to the Federal Court for re-sentencing.
What is the difference between drug possession and trafficking?
Possession means having control over the drug. Trafficking means dealing with it, such as transporting or supplying it. Quantity is the key trigger: above the thresholds in section 37(da) of the Dangerous Drugs Act 1952, possession alone raises a presumption of trafficking. The accused can rebut it by proving, on the balance of probabilities, that the drugs were not for trafficking.
How do I appeal a criminal conviction?
A Notice of Appeal must be filed within 14 days of the conviction or sentence under section 307(1) of the Criminal Procedure Code, and the deadline is strict. Convictions in the Magistrates' Court and Sessions Court are appealed to the High Court. High Court convictions go to the Court of Appeal, and a further appeal to the Federal Court needs leave on a point of law.
When will a confession or statement be excluded?
A statement obtained by inducement, threat or oppression, or in breach of the safeguards in sections 112 and 113 of the Criminal Procedure Code, will be excluded to protect a fair trial. This is one reason to take legal advice before giving a statement, including in MACC investigations, where statements given without advice can become the foundation of the prosecution case.
Can I refuse a breath test, and will I lose my licence?
Refusing a breath test is itself an offence under section 45 of the Road Transport Act 1987, with similar penalty exposure, so cooperating is generally advised; defence points are argued at trial, not at the roadside. On conviction, disqualification from driving is mandatory under section 45A, with a minimum of two years for a first offence and longer for repeat offences or where death or injury results.
I am Singaporean. Can a Malaysian lawyer represent me in a Johor Bahru court?
Yes, and only Malaysian-qualified advocates and solicitors may appear before Malaysian courts. Your Singapore counsel can liaise with us, but the conduct of your defence in a Malaysian court must be handled by Malaysian counsel. We regularly appear in the Johor Bahru courts.
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If arrested, you must be told the grounds of arrest, and you may ask to contact a relative or friend and consult a lawyer. You must be brought before a Magistrate within 24 hours (excluding travel time). Police can only hold you longer with a remand order. Stay calm, give your identity details, and ask for a lawyer before giving a detailed statement.
If police cannot complete an investigation within 24 hours, they must ask a Magistrate for a remand order under section 117 CPC. Periods are capped by the seriousness of the offence: 4 plus 3 days, or 7 plus 7 days. The Magistrate must be satisfied detention is justified. A lawyer can oppose remand or seek a shorter period, and the High Court can review an order.
At the first court date the charge is read and you plead guilty or claim trial; bail is decided. The case then goes through case management and disclosure of documents, then trial. If the court finds a prima facie case you are called to enter your defence. After verdict, there is mitigation and sentence. An appeal must be filed within 14 days.
Police can require a person who appears to know the facts of a case to attend and give a statement. You must answer truthfully, but you are not bound to answer questions that would tend to expose you to a criminal charge. Find out whether you are a witness or a suspect, get advice first, and read your statement carefully before signing.
Under the Penal Code amendments made in 2024, it is an offence to let another person control your bank account or payment card, or to use your own or another person's account for transactions without lawful purpose. Penalties include fines and imprisonment of up to 10 years for the most serious offences. If your account is frozen or police call you, get advice before giving a statement.
Cheating is about deceiving someone into handing over property or doing something they would not otherwise do. Criminal breach of trust is about dishonestly misusing property that was lawfully entrusted to you. An unpaid debt or broken contract is usually a civil matter, not a crime, unless there was dishonesty from the start or misuse of entrusted property.