Criminal Litigation Process, 4th Edition | 2022

Description

Written by an experienced criminal law practitioner, this book contains a wealth of knowledge that sheds light on the technicalities of the criminal litigation process in Malaysia. The text is presented in a lucid and readable manner and contains significant recent court decisions and new legislative developments.

This edition updates important topics, including jurisdiction of criminal courts, persons who may arrest and rights of an arrested person, powers of the Public Prosecutor, transfer of cases, processes of bail, impeachment of the accused, trial procedures, mitigation, sentencing trend, stay of sentences, and the court’s revisionary powers. The recent landmark apex judgment on defence of absolute privilege is explored, and a discussion on the presence of legal counsel during the recording of statements has been added. There are also updates to the topics of procedures for arrest and detention of children, powers and orders of the court for child offenders and procedure for children detained under the Security Offences (Special Measures) Act 2012 (“SOSMA”).

Appendices containing important sample documents used in criminal litigation supplement the exhaustive text, while comprehensive charts which provide a useful overview of each topic are available for quick reference and guidance. This book is a necessary reference for the various parties involved in the administration of criminal justice as well as students studying the subject of criminal procedure.

Key Updates in This New Edition

• Powers of police at roadblocks
• Rights of an arrested person
• Defence of absolute privilege
• Presence of legal counsel during recording of statements
• Sections 51 and 51A of the Criminal Procedure Code
• Powers of Public Prosecutor
• Public Prosecutor’s discretion to institute proceedings
• Transfer of cases
• Conduct of death inquiries
• Impeachment of the accused
• Trial procedures and processes of bail
• Trials under SOSMA
• Process of filing an appeal
• Imprisonment for a fixed period, mitigation, sentencing trend, and stay of sentences
• Court’s revisionary powers
• Reinstatement of trial after discharge not amounting to an acquittal
• Procedures and orders of court for child offenders

Table of Contents:

1. Introduction
2. Courts
3. Arrest
4. Search
5. Police Investigations
6. Powers of Public Prosecutor
7. Charges
8. Transfer of Cases
9. Initiation of Proceedings
10. Impeachment Proceedings
11. Summary Trials
12. High Court Trials and Trials under SOSMA
13. Bail
14. Sentencing
15. Appeals
16. Revision
17. Courts for Children