1 -1. Short title.

(1) This Act may be cited as the Prevention of Crime Act 1959 .

(2) This Act shall apply throughout Malaysia.

[(2) Am. by Act A1459 of the year 2014]

2 -2. Interpretation.

(1) In this Act, unless the context otherwise requires-

  "Board"  means the Prevention of Crime Board established under section 7B;

["Board" Ins. by Act A1459 of the year 2014]

  "district, mukim, town or village"  means the land included in any district, mukim, town or village under the provisions of any law for the time being in force relating to land;

  "Inquiry Officer"  means an officer appointed by the Minister under section 8;

"Peninsular Malaysia" [Deleted by Act A1459 of the year 2014] ;

  "Register"  means the register kept by the Registrar under section 12;

  "terrorist"  has the same meaning assigned to it by the Penal Code [Act 574] ;

3 PART I POWERS OF ARREST AND REMAND-3. Arrest and production before a Magistrate.

(1) A police officer may without a warrant arrest any person if he has reason to believe that grounds exist which would justify the holding of an inquiry into the case of that person under this Act.

(1A) When a person is arrested under subsection (1), the case shall be referred by the police officer to the Public Prosecutor for direction not later than seven days from the date of arrest.

[(1A) Ins. by Act A1484 of the year 2015]

(2) Any person arrested under subsection (1) shall, unless sooner released, be taken without unreasonable delay, and in any case within twenty-four hours (excluding the time of any necessary journey) before a Magistrate.

---

EDITORIAL COMMENTS ANNOTATIONS

On what amounts to an arrest

Refer to Shaaban & Ors v. Chong Fook Kam & Anor [1969] 1 MLR

4 PART I POWERS OF ARREST AND REMAND-4. Procedure before Magistrate.

(1) Whenever any person is taken before a Magistrate under subsection 3(2) the Magistrate shall-

(a) on production of a statement in writing signed by a police officer not below the rank of Inspector stating that there are grounds for believing that the name of that person should be entered on the Register, remand the person in police custody for a period of twenty one days; or

[(1)(a) Am. by Act A1459 of the year 2014]

(b) if no such statement is produced, and there are no other grounds on which the person is lawfully detained, direct his release.

(2) Any person remanded under paragraph (1) (a) shall, unless sooner released, on or before the expiry of the period for which he is remanded be taken before a Magistrate, who shall-

(a) on production of:

(i) a statement in writing signed by the Public

4A PART I POWERS OF ARREST AND REMAND-4A. Report of investigation to be submitted to Inquiry Officer, etc.

The police officer making an investigation pertaining to a person arrested under subsection 3(1) shall cause a copy of the complete report of the investigation to be submitted to an Inquiry Officer and the Board, within such period as may be prescribed by the Minister.

[Ins. by Act A1549/2017]

5 PART I POWERS OF ARREST AND REMAND-5. [Deleted by Act A1459 of the year 2014].

[Deleted by Act A1459 of the year 2014] .

6 PART I POWERS OF ARREST AND REMAND-6. [Deleted by Act A1549/2017].

[Deleted by Act A1549/2017] .

---

EDITORIAL COMMENTS ANNOTATIONS

Precondition to the exercise of jurisdiction under s 6(1)

Refer to the pre-amendment cases of Mohd Faizal Haris v. Timbalan Menteri Dalam Negeri, Malaysia & Ors [2005] 2 MLRA 231 where it was stated that:

"The precondition to the exercise of jurisdiction under s 6(1) is, inter alia, only a consideration of the report of investigation. There is no stipulation in s 6(1) that it must be the result of a valid detention. The preparation of the report is governed by s 4 pursuant to which any person may be examined and it is not confined to an examination of only the detained person. The report of investigation therefore has no direct link with the detention; the only one being that it may contain a statement fr

7 PART I POWERS OF ARREST AND REMAND-7. Release of person remanded in custody.

(1) Any person remanded in custody under section 4 may at any time be taken before a Sessions Court Judge who, if there are no other grounds on which the person is lawfully detained-

(a) shall direct his release if there is produced to him a statement in writing signed by a police officer not below the rank of Assistant Superintendent stating that it is not intended to continue with an inquiry into the case of that person under section 9; or

(b) in any other case, on the application of a police officer may direct his release subject to-

(i) the execution by the person of a bond, with or without sureties, for his due appearance at such place or places and at such time or times and within such period not exceeding fifty-nine days, as the Sessions Court Judge may direct; or

(ii) the supervision of the police for such period not exceeding thirty-eight days as the Sessions Court Jud

7A PART I POWERS OF ARREST AND REMAND-7A. Special procedures relating to electronic monitoring device.

(1) Upon application by the Public Prosecutor under section 7, the Sessions Court Judge shall order the person to be attached with an electronic monitoring device for a period as the Sessions Court Judge may determine but which shall not exceed the period of his release as allowed under paragraph 7(1) (b) .

(2) The Sessions Court Judge shall explain the operation of the electronic monitoring device and the terms and conditions of the electronic monitoring device as specified in the form as specified in the Third Schedule to the person.

[Am. by Act A1549/2017]

(3) The person shall sign a form as specified in the Third Schedule and deposit the form with the Sessions Court Judge.

(4) The person shall be attached with an electronic monitoring device by a police officer.

(5) The person shall comply with all the terms and conditions of the electronic monitoring device as specified in the f

7B PART I POWERS OF ARREST AND REMAND-7B. Prevention of Crime Board.

(1) A Prevention of Crime Board is established which shall consist of the following members to be appointed by the Yang di-Pertuan Agong:

(a) a Chairman, who shall be a legally qualified person with at least fifteen years experience in the legal field;

(b) a Deputy Chairman; and

(c) not less than three and not more than six other members.

(2) Every member of the Board shall, unless he sooner resigns, hold office for a period not exceeding three years and is eligible for re-appointment.

[Am. by Act A1549/2017]

(3) Every member of the Board may at any time resign his office by giving notice in writing to the Yang di-Pertuan Agong.

(4) The appointment of any member of the Board may at any time be revoked by the Yang di-Pertuan Agong.

(5) The quorum for any sitting of the Board shall be three members.

(6) Subj

8 PART II INQUIRIES-8. Appointment of Inquiry Officers.

The Minister may by writing under his hand appoint any person by name or office, and either generally or for any particular case, to be an Inquiry Officer for the purposes of this Act: provided that no police officer shall be appointed to be an Inquiry Officer.

9 PART II INQUIRIES-9. Duties and powers of Inquiry Officers.

(1) Upon receiving a complete report of the investigation under section 4A, an Inquiry Officer shall inquire and report in writing to the Board whether there are reasonable grounds for believing that the person is a member of any of the registrable categories.

[Am. by Act A1549/2017]

(2) An inquiry held under subsection (1) shall be held in such manner and in accordance with such procedure as the Board may direct.

[(1) & (2) Am. by Act A1459 of the year 2014]

(3) An Inquiry Officer may, for the purpose of any inquiry under this Act-

(a) procure and receive all such evidence, in any form and whether the same be admissible or not under any written law for the time being in force relating to evidence or criminal procedure, which he may think necessary or desirable;

[(3)(a) Am. by Act A1459 of the year 2014]

9A PART II INQUIRIES-9A. Access by Inquiry Officer to detainees or prisoners.

(1) Notwithstanding any other written law, an Inquiry Officer conducting an inquiry under this Act shall be allowed to have access to any person whom he has reason to believe to be connected to or has any evidence of any offence who is-

(a) being detained under any other written law; or

(b) under confinement in prison, whether convicted or not.

(2) Nothing in this section shall authorize the attendance of the subject of the inquiry or his advocate and solicitor or representative, if any, at the place of detention or prison.

[Ins. by Act A1459 of the year 2014]

10 PART II INQUIRIES-10. Report of Inquiry Officer.

(1) If the Inquiry Officer is satisfied that there are no sufficient grounds for believing that the person who was the subject of the inquiry is a member of any of the registrable categories, he shall report his finding, together with his reasons for it, to the Board.

[Am. by Act A1549/2017; Subs. by Act A1459 of the year 2014]

(2) If the Inquiry Officer is satisfied that there are reasonable grounds for believing that the person who was the subject of the inquiry is a member of any of the registrable categories, he shall report the grounds, together with his finding, to the Board.

[Am. by Act A1549/2017; Subs. by Act A1459 of the year 2014]

(3) [Deleted by Act A1549/2017] .

(4) [Deleted by Act A1549/2017] .

---

EDITORIAL COMMENTS ANNOTATIONS

On the differences between s 10(1) and s 10(2)

Refer to

10A PART II INQUIRIES-10A. Decision of the Board.

(1) Where the Board, after considering the finding of the Inquiry Officer submitted under subsection 10(1) and the complete report of the investigation submitted under section 4A, is satisfied that-

(a) there are no sufficient grounds for believing that the person is a member of any of the registrable categories, the Board shall confirm the finding; or

(b) there are reasonable grounds for believing that the person is a member of any of the registrable categories, the Board shall reverse the finding.

(2) Where the Board, after considering the finding of the Inquiry Officer submitted under subsection 10(2) and the complete report of the investigation submitted under section 4A, is satisfied that-

(a) there are reasonable grounds for believing that the person is a member of any of the registrable categories, the Board shall confirm the finding; or

11 PART II INQUIRIES-11. [Deleted by Act A1549/2017].

[Deleted by Act A1549/2017] .

---

EDITORIAL COMMENTS ANNOTATIONS

Section 11(1)

Refer to Kaliappan Ramasamy lwn. Pengerusi, Lembaga Pencegahan Jenayah & Yang Lain [2015] MLRHU 688 and Kalam Wahid lwn. Menteri Dalam Negeri, Malaysia & Yang Lain [2016] MLRHU 640 on the court's discussion of the Minister's refusal to review the findings of the Board.

Refer to Tirthadeva Sivan Premkumar v. Pengerusi Lembaga Pencegahan Jenayah Malaysia & Ors [2016] MLRHU 216 on whether the prevention of crime board could on its own motion invoke s 11 to review the find

12 PART III REGISTRATION-12. Registration of persons believed to be members of any of the registrable categories.

(1) The Registrar shall keep a Register for the purposes of this Act, in which shall be entered the name of every person who was the subject of the inquiry against whom the Board has reversed the finding under paragraph 10A(1) (b) or confirmed the finding under paragraph 10A(2) (a) together with such other particulars as may be prescribed by the Minister.

[Subs. by Act A1549/2017]

(2) The Board may, if it considers it in the interest of public order or security to do so, with or without inquiry under this Act direct the Registrar to enter in the Register the name, and such other particulars as may be prescribed, of any person who is a member of any of the registrable categories prescribed in Part II of the First Schedule.

[(2) Am. by Act A1459/2014]

---

EDITORIAL COMMENTS ANNOTATIONS

Whether it is the duty of the board to register the ap

13 PART III REGISTRATION-13. Person to be registered to attend before a police officer.

(1) Any police officer of or above the rank of Inspector may by order in writing direct the attendance before him at such time and place as may be specified in the order of any person whose name is required to be entered in the Register, for the purpose of-

(a) taking the finger impressions and photograph of the person;

(b) obtaining any other particulars relating to the person as may be prescribed or as may be necessary for effecting any such registration.

(2) If any person fails to attend as so directed a police officer may report the failure to a Magistrate who shall thereupon issue a warrant to secure the attendance of that person as required.

14 PART III REGISTRATION-14. Removal of name from the Register.

The Board may at any time in its discretion direct the Registrar to remove the name of any person from the Register, and thereupon the person shall cease to be a registered person, unless and until his name is subsequently re-entered in the Register in accordance with section 12.

[Am. by Act A1459 of the year 2014]

15 PART IV CONSEQUENCES OF REGISTRATION-15. Police supervision.

(1) The Board may by order direct that any registered person named in the order shall be subject to the supervision of the police for any period not exceeding five years, if the Board is satisfied that it is necessary that control and supervision be exercised over the registered person but that it is not necessary to detain him and may renew any such order for a further period not exceeding five years at a time; and the registered person shall be conveyed under police escort to the State, district, mukim, town or village in which he is required to reside under subsection (2) (if any).

[(1) Am. by Act A1459 of the year 2014]

(2) Any person placed under the supervision of the police by order made under this section shall also be subject to all or any of the following restrictions and conditions, as the Board may by order direct:

[(2) Am. by Act A1484 of the year 2015; Act A1459 of the year

15A PART IV CONSEQUENCES OF REGISTRATION-15A. Special procedure relating to electronic monitoring device by order of the Board.

(1) Upon the making of an order by the Board under paragraph 15(2) (l) , the police officer shall explain the operation of the electronic monitoring device and the terms and conditions of the electronic monitoring device to the person.

(2) The person shall sign a form as specified in the Fourth Schedule and comply with all the terms and conditions as specified in the form and deposit the form with the officer in charge of the police district.

(3) The person shall be attached with an electronic monitoring device by a police officer.

(4) The person shall report to the nearest police station at such time as specified in the form.

(5) Any person who fails to comply with the terms and conditions of the electronic monitoring device under subsection (2) shall be guilty of an offence and liable to imprisonment for a term not exceeding three years.

(6) Any person who tampers with, damages, destroys or loses the ele

15B PART IV CONSEQUENCES OF REGISTRATION-15B. Judicial review of act or decision of Board.

(1) There shall be no judicial review in any court of, and no court shall have or exercise any jurisdiction in respect of, any act done or decision made by the Board in the exercise of its discretionary power in accordance with this Act, except in regard to any question on compliance with any procedural requirement in this Act governing such act or decision.

[(1) Am. by Act A1484 of the year 2015]

(2) In this Act, "judicial review" includes proceedings instituted by way of-

(a) an application for any of the prerogative orders of mandamus, prohibition and certiorari;

(b) an application for a declaration or an injunction;

[(2)(b) Am. by Act A1484 of the year 2015]

(ba) a writ of habeas corpus; and

[(2)(ba) Ins. by Act A1484 of the year 2015]

(c) any other suit, action or othe

16 PART IV CONSEQUENCES OF REGISTRATION-16. Registered person not to consort with other registered persons.

(1) No registered person shall consort or habitually associate with any other registered person without the permission of the Officer in Charge of the Police District in which he resides, unless he shall prove that he did not know and had no reason to suspect that such other person was a registered person.

(2) Any person who contravenes the provisions of this section shall be guilty of an offence and shall be liable to imprisonment for a term not exceeding fifteen years and not less than five years.

[(2) Am. by Act A1459 of the year 2014]

17 PART IV CONSEQUENCES OF REGISTRATION-17. Double penalties for crimes of violence.

Any registered person who is convicted of any offence committed after the date of the entry of his name on the Register under the provisions of any law specified in the Second Schedule shall be liable to imprisonment for a term of twice as long as the maximum term for which he would have been liable on conviction for that offence, and also to whipping.

---

EDITORIAL COMMENTS ANNOTATIONS

On the categories of persons whom whipping could not be imposed

Refer to Public Prosecutor v. Tan Kim Chok [1968] 1 MLRH 49 where it was stated that:

"where it was stated that the accused was clearly a man above 50 years of age and should not be subject to any whipping by reason of his age. The order of whipping therefore cannot stand. "

Whether whipping be executed by instalments

<

18 PART IV CONSEQUENCES OF REGISTRATION-18. Loitering by a registered person in a public place, etc.

Any registered person who-

(a) is found between the hours of sunset and sunrise frequenting or loitering in or about any public place or in or in the neighbourhood of any place of public entertainment; or

(b) at any time is found in the company of two or more registered persons; or

(c) at any time is found in or near any place in which any act of violence or breach of the peace is being or has just been committed,

and who is unable satisfactorily to account for his presence at such place or time or in such company shall be guilty of an offence and liable to imprisonment for a term not exceeding five years or to a fine not exceeding ten thousand ringgit or to both.

[Am. by Act A1459 of the year 2014]

19 PART IV CONSEQUENCES OF REGISTRATION-19. Harbouring.

(1) Any person who knowingly conceals or harbours any person who enters any State, district, mukim, town or village in contravention of any order under section 15 shall be guilty of an offence and liable to imprisonment for a term not exceeding five years or to a fine not exceeding ten thousand ringgit or to both: provided that this subsection shall not apply to the case of a wife harbouring or concealing her husband or a husband harbouring or concealing his wife.

(2) Any person aware of the presence in any State, district, mukim, town or village of any person, not being the husband or wife of the first-mentioned person, who has been ordered not to enter the State, district, mukim, town or village or has been ordered to reside in any other State, district, mukim, town or village, and being aware also of the making of the order, shall in the absence of reasonable excuse, proof whereof shall lie on him, forthwith give information thereof to the n

19A PART IVA DETENTION ORDERS-19A. Detention orders.

(1) The Board may direct that any registered person be detained under a detention order for a period not exceeding two years, and may renew any such detention order for a further period not exceeding two years at a time, if it is satisfied that such detention is necessary in the interest of public order, public security or prevention of crime.

[Am. by Act A1549/2017]

(2) [Deleted by Act A1549/2017] .

*(3) Every registered person detained in pursuance of a detention order shall be detained in such place (hereinafter referred to as a "place of detention") as the Board may direct and in accordance with any instructions issued by the Board and any regulations made under section 23.

[Ins. by Act A1459 of the year 2014]

(4) A copy of every detention order made by the Board under subsection (1) shall as soon as may be after the making of the order be served on the pe

19B PART IVA DETENTION ORDERS-19B. Validity of detention orders.

No detention order shall be invalid or inoperative by reason-

(a) that the person to whom it relates-

(i) was immediately after the making of the detention order detained in any place other than a place of detention referred to in subsection 19A(3);

[Am. by Act A1549/2017]

(ii) continued to be detained immediately after the making of the order in the place in which he was detained under section 3 before his removal to a place of detention referred to in subsection 19A(3); or

(iii) was during the duration of the order on journey in police custody or any other custody to a place of detention referred to in subsection 19A(3); or

(b) that the detention order was served on him at any place other than the place of detention referred to in subsection 19A(3), or that there was any defect relating to its service upon him.

19C PART IVA DETENTION ORDERS-19C. Suspension of detention orders.

(1) The Board may, at any time, direct that the operation of any order under section 19A be suspended subject to all or any of the restrictions and conditions which the Board is empowered by subsection 15(2) to impose by an order under section 15, and subject, if the Board so directs, to the requirement that the person against whom the order under section 19A was made shall enter into a bond as provided in subsection 15(2).

(2) Where an order under section 19A is suspended, subsection 15(3) shall have effect as if the restrictions and conditions on which the order under section 19B is suspended were restrictions and conditions imposed by an order under section 15.

[(2) Am. by Act A1484 of the year 2015]

(3) The Board may revoke the suspension of any detention order under section 19A if it is satisfied that the person against whom the order was made has failed to observe any restriction or condition imposed

19D PART IVA DETENTION ORDERS-19D. Effect on term of imprisonment.

Where a person-

(a) who is undergoing detention under section 19A is sentenced to any term of imprisonment under this Act or any other written law; or

(b) has his period of detention renewed under section 19A whilst he is serving any such term of imprisonment,

the detention or extended detention shall be deemed to be undergone concurrently with that term of imprisonment, and if upon completion of any such term of imprisonment, there still remains any unexpired portion of the detention period or of the extended detention period, he shall be required to be detained for such unexpired portion thereof.

[Ins. by Act A1459 of the year 2014]

19E PART IVA DETENTION ORDERS-19E. Power to order removal.

(1) The Board may by order direct the removal from any place of detention to another place of detention to be specified in such order of any person detained under section 19A to be there detained for the whole or any part of such period for which it has been ordered that such person shall be detained.

(2) Any person who is in the course of removal under subsection (1) shall be deemed to be in lawful custody.

[Subs. by Act A1484 of the year 2015]

19F PART IVA DETENTION ORDERS-19F. Power to order production of detained person.

(1) On proof to his satisfaction that the presence at any place of any person detained under section 19A, or lawfully in the custody of the police or confined in any prison whether under section 19A or under an order of any court or otherwise howsoever, and notwithstanding any order of any court or other authority whatsoever, is required in the interests of justice, or for the purpose of any public or other inquiry, or in the national interest, or in the interests of the person detained, in custody, or confined, the Commissioner General of Prison where the person is detained in a place of detention or prison, or the Inspector General of Police where the person is in the lawful custody of the police, may order that such person be taken to that place.

(2) Any person in the course of being taken to any place under subsection (1) and whilst at such place shall be kept in such custody as the Commissioner General of Prison or the Inspector General of

19G PART IVA DETENTION ORDERS-19G. Saving in respect of prosecution of persons detained.

The detention of any person under this Part shall be without prejudice to the taking of any criminal proceeding against that person, whether during or after the period of his detention.

[Ins. by Act A1484 of the year 2015]

19H PART IVA DETENTION ORDERS-19H. Board's power to revoke supervision order, detention order, suspended detention order or direction for extension of any such order.

(1) Notwithstanding anything in this Act, the Board may at any time revoke any supervision order made under section 15, any detention order made under section 19A, any suspended detention order made under section 19C or any direction for the extension of the duration of any such order, if the Board deems it just or fit to do so.

(2) Any revocation under subsection (1) shall be without prejudice to the validity of the order or direction before its revocation or to anything done thereunder, or to the power of the Board to make a fresh supervision order under section 15, a fresh detention order under section 19A or a fresh direction in respect of the person against whom the order or direction which is revoked was made or given.

[Ins. by Act A1549/2017]

20 PART V GENERAL-20. Powers of police to investigate.

(1) When a police officer not below the rank of Sergeant has reason to believe that grounds exist which would justify the holding of an inquiry into the case of any person under this Act he or any police officer subordinate to him and acting under his orders may investigate the facts and circumstances of the case so far as they may be relevant to any proceedings in respect of that person under this Act.

(2) In making any investigation under subsection (1) a police officer may exercise all or any of the powers in relation to police investigations in any seizable case which are given him by the law for the time being in force relating to criminal procedure.

20A PART V GENERAL-20A. Arrest.

A police officer may without a warrant arrest any person if he has reason to believe that the person has committed an offence against section 16, 18 or 19 and every such offence shall be seizable and non-bailable for the purposes of the Criminal Procedure Code.

21 PART V GENERAL-21. Taking of photographs and finger impressions.

(1) A police officer may take or cause to be taken the photograph and finger impressions of any person arrested under subsection 3(1), or whose name is required to be entered on the Register under subsection 12(2), and shall send the photograph and impressions to the Registrar for identification and report; and every such person shall be legally bound to submit to the taking of his photographs and finger impressions, and may be compelled thereto by the use of force if necessary.

(2) Any person who, being legally bound under subsection (1) to submit to the taking of his photographs or finger impressions refuses or fails to submit thereto on demand shall be guilty of an offence and liable to imprisonment for a term not exceeding six months or to a fine not exceeding two thousand ringgit or to both.

[(2) Am. by Act A1459 of the year 2014]

(3) Whenever-

(a) any person whose photog

21A PART V GENERAL-21A. Disclosure of information.

Nothing in this Act or in any regulations made under this Act shall require the Board, any member of the Board, any Inquiry Officer or any public servant to disclose facts or to produce documents which he considers-

(a) to be against the public interest to disclose or produce; or

(b) would compromise the protection of a witness, or his family or associates.

[Ins. by Act A1459 of the year 2014]

---

22 PART V GENERAL-22. Power to amend Schedules.

The Minister may, by order published in the Gazette , amend the Schedules.

[Subs. by Act A1459 of the year 2014]

---

23 PART V GENERAL-23. Regulations.

(1) The Minister may make regulations for carrying out the purposes of this Act.

(2) Without prejudice to the generality of the powers conferred by subsection (1) the regulations may-

(a) prescribe the form of the Register, and such other forms as may be necessary or desirable to be used in connection with the matters dealt with in this Act or in any regulations made thereunder;

(b) require all or any class of registered persons to carry identity cards, provide for the form, issue, production, inspection, cancellation, alteration, endorsement on and replacement of those cards, and the substitution thereof for identity cards issued to those persons under any other written law, and for all other matters necessary or desirable in connection with the cards or the carrying thereof or the enforcement of the regulations, including the prescription of penalties not exceeding in respect of any offence a fin