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
PREVENTION OF CRIME ACT 1959 (REVISED - 1983)
AND WHEREAS Parliament considers it necessary to stop such action;
NOW, Therefore, pursuant to Article 149 of the Federal Constitution IT IS ENACTED by the Parliament of Malaysia as follows:
PART I POWERS OF ARREST AND REMAND
1 Short title
(1) This Act may be cited as the Prevention of Crime Act 1959.
(2) This Act shall apply throughout Malaysia.
(1) In this Act, unless the context otherwise requires-
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.
4 Procedure before Magistrate
(1) Whenever any person is taken before a Magistrate under subsection 3(2) the Magistrate shall-
6 Person in custody to be brought before Inquiry Officer
Every person remanded in custody under section 4 shall, if not sooner released, as soon as possible be brought before an Inquiry Officer.
7 Release of person remanded in custody
(1) Any person remanded in custody under section 4 may at any time be taken before a Magistrate who, if there are no other grounds on which the person is lawfully detained-
(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).
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:
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 Duties and powers of Inquiry Officers
(1) When any person is brought before an Inquiry Officer under section 6 the 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.
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-
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, and shall forward a copy of his finding to the officer having custody of the person, who shall forthwith serve a copy of the finding of the Inquiry Officer on that person.
11 Review by the Board of decision of Inquiry Officer
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-
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-
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.
PART IV CONSEQUENCES OF REGISTRATION
15 Police supervision
15A 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.
16 Registered person not to consort with other registered persons
Any registered person who-
PART IVA DETENTION ORDERS
19A Detention orders
(1) The Board may, after considering the report of the Inquiry Officer submitted under section 10 and the outcome of any review under section 11, 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.
No detention order shall be invalid or inoperative by reason-
19D Effect on term of imprisonment
19E Power to order removal
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.
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.
20 Powers of police to investigate
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.
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-
The Minister may, by order published in the Gazette, amend the Schedules.
(1) The Minister may make regulations for carrying out the purposes of this Act.