Rights of Person Arrested

  1. An MACC officer will inform the suspect of the grounds of arrest, after which the following actions will be taken:
    1. Inform the relative or friends of the suspect of the arrest; and
    2. Inform the suspect of their rights, whether they require the services of –
      1. 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
      2. 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.
  2. 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:

    1. Compliance with any of the requirements is likely to result in:
      1. An accomplice of the person arrested taking steps to avoid apprehension; or,
      2. The concealment, fabrication or destruction of evidence or the intimidation of a witness; or
    2. Having regard to the safety of other persons the questioning or recording of any statement is so urgent that it should not be delayed.
  3. 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.
  4. All the matters stated above including discussion with the lawyer must comply with Lock-Up Rules 1953.
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