Rights of Person Arrested
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An MACC officer will inform the suspect of the grounds of arrest, after which the following actions will be taken:
(a) Inform the relative or friends of the suspect of the arrest; and
(b) Inform the suspect of their rights, whether they require the services of –-
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His/her lawyer of choice – suspects will be given an opportunity to contact the lawyer via the MACC office telephone where the suspect is detained; or
- Lawyer from the National Legal Aid Foundation (NLAF) – an MACC officer will contact NLAF and allow the suspect to inform NLAF of his/her wish to employ the services of NLAF.
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The rights of the suspect under paragraph (1) shall not apply if subsection 28A (8) of the Criminal Procedure Code [Act 593] is applied.
Subsection 28A
(8) The requirements under subsections (2), (3), (4), (5), (6), and (7) shall not apply when the police officer reasonably believes that:
(a) Compliance with any of the requirements is likely to result in:
(i) An accomplice of the person arrested taking steps to avoid apprehension; or
(ii) The concealment, fabrication or destruction of evidence or the intimidation of a witness; or
(b) Having regard to the safety of other persons the questioning or recording of any statement is so urgent that it should not be delayed.
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An MACC officer allows the appointed lawyer/NLAF lawyer to meet with the suspect before 6.00pm on a working day at a reasonable location so that a discussion between them cannot be heard but is within MACC’s sight.
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All the matters stated above including discussion with the lawyer must comply with Lock-Up Rules 1953.
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