PDRM Exam flashcards
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- 24-hour arrest rule
- An arrested person must be produced before a Magistrate within 24 hours, excluding travel time, for remand consideration under the Criminal Procedure Code.
- Section 23 CPC
- Empowers a police officer to arrest without warrant a person reasonably suspected of committing a seizable offence, subject to the statutory conditions.
- Autrefois acquit
- A plea barring a second trial for an offence on which the accused was previously acquitted on the same facts, codified in Article 7(2) of the Federal Constitution.
- Seizable offence
- An offence for which a police officer may arrest without warrant, generally because it is punishable with imprisonment of three years or more under the Criminal Procedure Code.
- Remand order
- A Magistrate's authorisation to detain a suspect beyond 24 hours for investigation; it is time-limited and must be renewed on application.
- Defective charge
- A charge that omits essential particulars of the offence; if it prejudices the accused, it may lead to acquittal or an order for retrial.
- Beyond reasonable doubt
- The standard the prosecution must meet in a criminal trial; the defence need only raise a reasonable doubt unless a statutory presumption shifts the burden.
- Section 106 Evidence Act
- Places the burden of proving a fact especially within a person's knowledge on that person; commonly applied in possession cases.
- Section 24 Evidence Act
- Excludes confessions caused by inducement, threat, or promise from a person in authority, because such confessions are not voluntary.
- Section 27 Evidence Act
- Permits admission of so much of information received from an accused as relates distinctly to a fact subsequently discovered as a result.
- Dying declaration
- A statement by a person as to the cause of their death, admissible under s.32(1) Evidence Act even though it is hearsay.
- Section 37 DDA presumption
- Once possession and the statutory quantity are proven, the Dangerous Drugs Act presumes knowledge and shifts the burden to the accused.
- Section 20 Police Act
- Authorises arrest without warrant for offences committed in the officer's presence and for reasonable suspicion of a seizable offence.
- Proportionate force
- Force used in an arrest must be necessary and reasonable; s.15 CPC permits only such force as is needed to effect the arrest.
- Deadly force limit
- Deadly force is lawful only in defence of life or to prevent escape of a person posing a grave threat, never solely to protect property.
- Section 117 CPC
- Governs detention for investigation after the 24-hour period; detention is capped and must be justified by ongoing investigative needs.
- Pocket notebook
- A contemporaneous record kept by an officer; entries may be used to support or impeach testimony in court.
- Same-sex search rule
- A search of a person of the opposite sex should be conducted by an officer of the same sex, save in exigent circumstances.
- Inner and outer cordon
- Scene-management layers: the inner cordon protects the scene, the outer cordon controls access, and a single entry log is maintained.
- Chain of custody
- An unbroken record of every transfer of an exhibit, including date, time, handler, and seal number, supporting its admissibility.
- Section 112 CPC
- Provides for the recording of a witness statement during investigation; it is an investigative document, not a cautioned statement.
- Section 113 CPC
- Governs the cautioned statement of an accused, which requires the administration of a caution before it is recorded.
- First responder priorities
- In order: officer and public safety, preservation of life, securing the scene, then preserving evidence for investigation.
- Investigation diary privilege
- The investigation diary is privileged and not disclosable to the defence except as required by law; the case file must still be complete.
- Section 45A RTA
- Sets the prescribed alcohol limits and the procedure for breath, blood, and urine testing in driving-under-influence cases.
- Peaceful Assembly Act 2012
- Governs notification and conditions for assemblies, replacing the prior licence requirement under the Police Act 1967.
- Child Act 2001
- Defines a child as under 18 and requires Juvenile Court handling and separate detention from adult detainees.
- Rukun Tetangga
- A neighbourhood watch scheme supporting community policing through information-sharing and joint patrols coordinated by police.
- Accident scene reconstruction
- Recording positions, skid marks, vehicle particulars, and witness accounts at the scene to support later reconstruction of the collision.
- Section 16 MACC Act
- Criminalises soliciting or accepting gratification as an inducement or reward for official action by a public officer.
- Whistleblower Protection Act 2010
- Protects persons who disclose improper conduct in good faith to an enforcement agency from retaliatory action.
- Conflict of interest
- A situation where an officer's personal or financial interest could influence duty; it must be declared and the officer recused.