Sunday, February 12, 2017

Judges should decide on Bail - not the Public Prosecutor?

Judges should be deciding whether bail is granted or not. This power should most definitely not be given to the Public Prosecutor. 

Neither should laws take away the judges discretionary powers when it comes to bail.

Remember that one is presumed innocent until proven guilty after a fair trial.


Perak mulls denying bail for repeat drug offenders

 | February 2, 2017 
A proposal to deny bail has been sent to the Attorney-General's Chambers in December last year.


IPOH: Perak will be the first state in the country to apply Section 41(B) of the Dangerous Drugs Act to deny bail for repeat offenders of drug addiction and traffickers if its proposal to do so is approved by the Attorney-General’s Chambers.

Perak Narcotic Criminal Investigation Department head ACP V R Ravi Chandran said a proposal to that effect was sent to the Attorney-General’s Chambers in December last year.

“The Attorney-General’s Chambers has asked us (police) to discuss implementation of the section with the Perak prosecution unit chief.

“If the proposal is accepted, we will apply the provision in the section this year,” he told a media conference at the Perak police contingent headquarters here today.

Ravi Chandran said there was a need to implement the provision in the law due to the increase of 12.2%, or 2,220 people, who were arrested for various drug-related offences last year.

They included 539 people who were arrested under Section 39B of the law which provides the mandatory death sentence upon conviction, he added.

He said 139 people were arrested under the Dangerous Drugs (Special Preventive Measures) Act 1985 where most of them were the masterminds or financiers of drug syndicates.

The number of people arrested for drug possession also increased by 13.2% last year, involving 4,622 people, from 4,083 people in 2015.

He said a total of 13,458 people were arrested for drug-related offences in the state last year, with drugs worth RM8.8 million seized and property worth RM8.4 million sealed. - FMT News, 2/2/2017

Friday, 3 February 2017

Perak seeks to deny bail to all repeat drug offenders

IPOH: Perak may become the first state to deny bail to all repeat drug offenders when they are charged in court.

State Narcotics Criminal Investigations Depart­ment chief Asst Comm R. Ravi Chandran said a provision under Section 41B of the Dangerous Drugs Act 1952 allowed the prosecution to request the court to deny bail for repeat offenders.

The department had forwarded the suggestion to the Attorney-General’s Chambers in December and was then told to put in the request to the Perak prosecution unit, which it has done.

“If the request is granted, our department will be the first in the country to successfully push for the provision to be implemented,” said ACP Ravi.

The move, he argued, would be a useful deterrent. He said repeat offenders are usually allowed bail when charged, and would often take advantage of this.

“Most are given bail amounts between RM2,000 and RM3,000, and after settling the amount, they are back on the streets again.

“We hope to apply the section this year if the prosecution unit gives the green light,” said ACP Ravi.

The section states that no bail is to be granted in respect of certain offences, where the public prosecutor could argue in court that it is not in the public’s interest to grant bail to the accused person.

A total of 13,548 people were arrested in Perak last year for drug-related offences in­­clu­­ding possession, trafficking and opera­ting drug processing labs, said ACP Ravi.

In another development, police detained a labourer for drug possession during a raid in Simpang, Taiping, at 11pm on Jan 31.

ACP Ravi said police seized 1.4kg of heroin in three plastic packets from the man, who was nabbed following a tip-off.

He tested positive for methamphetamine, and would be remanded until Feb 7.

ACP Ravi said the drugs confiscated are worth about RM35,000. - Star, 3/2/2017

Dangerous Drugs Act 1952

Section  41B  No bail to be granted in respect of certain offences

(1) Bail shall not be granted to an accused person charged with an offence under this Act-
(a) where the offence is punishable with death; or
(b) where the offence is punishable with imprisonment for more than five years; or
(c) where the offence is punishable with imprisonment for five years or less and the Public Prosecutor certifies in writing that it is not in the public interest to grant bail to the accused person.
(2) Subsection (1) shall have effect notwithstanding any other written law or any rule of law to the contrary.

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