Criminal Law

First of all, you can contact the nearest police station to know where the police detained your family/ friend. You must also contact the investigation officer (IO) of the case and try to get all the information regarding the time and place of his/her arrest and the reason his/her for the arrest.

Yes. You can appoint a criminal lawyer after the authority made the arrested. By appoint a lawyer, we will consult with the detained person and monitoring the authority, i.e. record any statement which may incriminate our client with a criminal offence.

Our client only can be detained for the investigation, not more than 24 hours. If the police think that the investigation is not complete, they must be brought before the magistrate for a Remand.

It depends on the offences. Generally, there are two stages for remand.

The “First Application” where to further detained the arrested person for more than 24 hours.

The “Second Application” where the application been made before the first application expired if the police think that they need more time to finish the investigation.

To answer above, if the offences are punishable with imprisonment less than fourteen (14) years, the remand for the first application shall not more than Four (4) days and not more than Three (3) days for the second application;

If the offences punishable with the death penalty or imprisonment for more than fourteen (14) years, the duration are not more than Seven (7) days for the first application and not more than Seven (7) days for the second application.

It is crucial to appoint a criminal lawyer so we can argue the Remand Period based on the law before the Magistrate.

Yes, you can. That is the right of the accused person.

The court will set a date for case management before trial.

Yes, but depending on the offences. If unbailable offences such as drug under Section 39B Dangerous Drug Act 1952 or murder under Section 302 of the Penal Code, you cannot be bailed.

The Trial process highly depends on the court’s schedule