Bar Council 'not consulted' on changes to Crime Act
Amendments to the Prevention of Crime Act have been placed before Parliament today, without prior consultation with the legal fraternity.
Amendments to the Prevention of Crime Act have been placed before Parliament today, without prior consultation with the legal fraternity.
In drafting amendments to any law, feedback from stakeholders - such as the Bar Council and the police - is often sought by the Attorney-General's Chambers (AGC).
But Bar Council president Christopher Leong (left) said the body has not been given a copy of draft Bill and, therefore, has not discussed its provisions with the AGC.
Crime committee member Baljit Singh Sidhu said: "Normally a copy would be given to us for scrutiny before it is tabled. However, we have yet to see it."
The PCA now allows for detention of an individual for up to 72 days with a court order, unlike the repealed Internal Security Act (ISA) which provided for indefinite detention without trial.
However, the PCA is seen as not providing sufficient powers to the police in dealing with organised crime in particular, hence the move to make changes.
Told later that there are 10 other Amendment Bills to be debated during the current parliamentary session up to Oct 3, Leong said there has been no consultation over these either.
"I will try to get copies of the Bills," he added.
However, Home Minister Ahmad Zahid Hamidi told reporters in Parliament today that the Bar will be invited to a discussion in Putrajaya on Saturday to discuss the PCA proposals.
Sabah Law not consulted either
The PCA currently does not cover Sabah and Sarawak as it was passed in 1959, well before the two states joined the Federation of Malaysia.
If the states are to be covered by the Act, then amendments would be required.
Sabah Law Association president GBB Nandy @ Gaanesh confirmed that the body has not been consulted over proposed expansion of the Act to Sabah.
The Advocates Association of Sarawak has similarly confirmed that it has not been consulted.
Earlier this month, Ahmad Zahid (left) said the 72-day detention period allowed under the Act would not be lengthened.
He said other amendments would give more power to the police to fight crime.
He has previously insisted on the need for preventive detention laws.
The repeal of the Emergency Ordinance and ISA, he said, has led to the escalating incidence of violent crime.
Under the ongoing 'Ops Cantas', the police are using provisions of the PCA to remand suspects.
Prime Minister Najib Abdul Razak, when opening a law conference last week, said the country is "in the midst of reviewing its prevention of crime laws to give more powers to the police, but at the same time, ensure that the rights of citizens are protected".
He said it is crucial to find the right balance and that the review is necessary because of the upsurge in criminal activity by organised gangs.
However, Pakatan Rakyat is opposed to the PCA being amended to provide the police with more powers of preventive detention.
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