The public prosecutor will be given additional investigative powers in relation to terrorism offences, if Parliament passes related amendments to the Criminal Procedure Code (CPC).

The provisions are among several proposals contained in a bill of amendment that was distributed to parliamentarians yesterday.

It seeks to make changes to 16 sections of the CPC while inserting a new chapter (on ancillary investigative powers) and two sub-sections.

The bill is expected to be tabled by the Prime Minister's Department for first reading in the Dewan Rakyat after the Budget 2004 committee-stage debates, scheduled to be completed on Monday.

The Dewan Rakyat has already passed the first reading of two terrorism-related bills during the current sitting, to enact harsher laws to penalise terrorism-linked activities.

Apart from the Anti-Money Laundering Bill, it has passed amendments to the Penal Code to also punish those - like lawyers and accountants - who provide terrorists with services or facilities.

Prosecutor's powers

Under the proposed new chapter in the CPC, the public prosecutor may authorise a police officer to intercept, detain and open any postal article in the course of transmission if it is likely that the material contains information related to a terrorism offence.

The prosecutor may also listen to conversations and intercept any message transmitted or received through any form of telecommunication.

Communication service providers - whether via post, telegraph, telephone or other channels - may be directed to intercept and retain specific messages in relation to such offences.

The prosecutor may also order a police officer to enter any premises and install any device for the interception and retention of specified communication links to the terrorism offence.

All such information will be admissible as evidence before or after a person is charged with a terrorism offence.

The proposed new chapter also empowers a police officer to effect arrests without a warrant against any person "who has committed, (is) committing, has reasonable grounds for suspecting to have committed, or to be committing" a terrorism offence.

New sub-sections

One of the two proposed sub-sections will allow individuals who have provided information to police on 'seizable' offences, to request a report on the status of the investigation.

Seizable offence refers to offences where a police officer or an authorised officer under the law can effect an arrest without a warrant - such as for murder, kidnap and robbery.

The police will have to provide an investigation status report to the informant within two weeks of receipt of the request, unless the contents are "likely to adversely affect the investigation into the offence or prosecution of the offence".

Informants may lodge a complaint with the public prosecutor if the police fail to comply with requests. The prosecutor will then direct the police to provide a detailed report on the information provided by an informant.

Any police officer who fails to comply with the prosecutor's directive is liable to a maximum jail sentence of one year and/or fine of RM1,000 upon conviction.

The other sub-section to be included in the CPC is to allow for evidence through 'live' video or television links if it is expedient in the interests of justice to do so.

An amendment to section 173 of the code will make it compulsory for the court to explain three options to the accused, in the event that defence is called.

The court must "read and explain" the options - to give sworn evidence in the witness box; to give unsworn evidence from the dock; or to remain silent.

Where the accused elects to give unsworn evidence or to remain silent, then he or she shall not be cross-examined. However, if the accused gives unsworn evidence from the dock that is related to a cautioned statement, cross-examination will be allowed.