VIDEO | 1.41 mins

DAP national chairperson Karpal Singh has slammed Home Minister Ahmad Zahid Hamidi for being unable to differentiate between a trial and a judicial review.

He said that Ahmad Zahid was wrong by claiming that there was no detention without trial under the proposed amendments of Prevention of Crime Act 1959.

"He (Ahmad Zahid) should seek legal advice before commenting," he said during a press conference at the sidelines of the party's central executive committee (CEC) re-election.

ahmad zahid speech at crime prevention forum 240813 01 Ahmad Zahid ( right ) denied the existence of provisions for detention without trial under the proposed amendments to the PCA.

He said those detained under registrable offences were allowed to challenge the three-member Crime Prevention Board's decision.

But Karpal said that as the detainees would not be brought to the court to prove their charges, it was still without trial.

"If the charges are not tried, it is only an inquiry. If it is an inquiry, lawyers cannot be present," he said.

Habeas corpus precluded

Karpal explained that the amendments precluded habeas corpus - a writ to determine whether a person's detention is lawful.

He further opined that PCA amendments included a two-year detention order, making it no different from the Internal Security Act 1960 and Emergency Ordinance 1969.

The newly-introduced Section 15A(1) explicitly states that no judicial review is allowed against the board's decision or findings in the exercise of its discretionary powers.

However, judicial review is still applicable to matters concerning the board's compliance with procedural requirements.

Section 19A(2) allows a High Court review of the board's decision when ordering a detention or extending a registered person's detention period.