After Kugan - Your Rights Upon Arrest By The Police--

Any arrest without a warrant effected in circumstances not specified under S23(1)(a) to (k) and S105 of the Criminal Procedure Code is unlawful. (Pls buy your CPC ok)

How Long Can The Police Detain You?
They can detain a person up to 24 hours for the purposes of investigation. If investigations cannot be completed within 24 hours they must release the arrested person or they must produce him before a magistrate for a remand order in order to detain him further for a period not exceeding 15 days, under S117 of the Criminal Procedure Code.

What Are Your Rights Upon Arrest?
(1) Right to be informed reason of arrest
Under the Federal Constitution, an arrested person have the right to be informed as soon as possible in ordinary language of the grounds of his arrest unless there can be inferred from the surrounding circumstances or if he makes it impossible for the arrester to inform him. Under the new S 28A CPC, a person arrested without a warrant shall be informed as soon as may be of the grounds of his arrest by the police officer making the arrest.
(2) Right To Contact Lawyer
The Federal Constitution also gives the arrested person a right to consult and be defended by a lawyer of his choice. This right to contact lawyer can be denied if the police are of the view that allowing access to a counsel before an investigation is completed would:
(a) interfere with the evidence;
(b) alert other unarrested suspect; or
(c) hinder the recovery of stolen property
Once investigations are completed the person arrested must be allowed to consult his lawyer within a reasonable time.
The new S28A of CPC now has imposed on the police officer making the arrest to inform the person arrested before commencing any form of questioning or recording of any statement from him that he may communicate and consult with a legal practitioner of his choice.
Where a legal practitioner has been requested by the arrested person the police shall allow a reasonable time for the legal practitioner to be present to meet the person arrested at his place of detention and for the consultation to take place.
The Police officer shall defer any questioning or recording of any statement from the person arrested for a reasonable time until the communication/attempted communication or the consultation has been made. The police officer shall provide reasonable facilities for the communication and consultation free of charge.
The police officer may not allow the person arrested to communicate and consult a lawyer if he reasonably believes that:
(a) in allowing the arrested person to see his lawyer would result in:
(i) an accomplice taking steps to avoid apprehension; or
(ii) the concealment, fabrication or destruction of evidence or the intimidation of a witness
(b) Having regard to the safety of the other persons, the questioning or recording of any
statement is so urgent that it should not be delayed.
(3) Right to contact relative/friend
The person arrested has a right before police questioning takes place to make a phone call to inform his relative or friend that:
(a) he has been arrested
(b) the time, place and reasons of his arrest;
(c) the identity of the police officer who arrested him;
(d) the police station where he is detained;
(e) the duration of his detention.
This right can be denied if the police reasonably believes that:
(a) by allowing him to phone a relative or friend would result in an accomplice of the person arrested taking steps to avoid apprehension or the concealment, fabrication or destruction of evidence or the intimidation of a itness; or
(b) having regard to the safety of other persons the questioning is so urgent that it should not be delayed.
(4) Right to remain silent
If you are arrested, you have the right to remain silent. If the police want you to answer question, you may say "I will answer in court". There is nothing (in theory, anyway) that the police can do to force you to speak.

What are you remedies if the arrest or detention is unlawful?
(1) Civil claim for damages
If you are unlawfully arrested you may sue the police for wrongful arrest and claim damages
(2) Writ Of Habeas Corpus
A person who is unlawfully detained, may apply to the High Court for a writ of habeas corpus. By issuing the writ, the High Court may command the production of the person detained and inquire into the cause of his detention. If there is no legal justification for the detention, the party is ordered to be released.
We should know our rights but most Malaysians do not know their rights cos we live in 'Bolehland'.

Source: Criminal Procedure Code and Your Rights And The Law.