RESOURCE MATERIAL SERIES No. 56

PARTICIPATION OF THE PUBLIC AND VICTIMS FOR MORE
FAIR AND EFFECTIVE CRIMINAL JUSTICEADMINISTRATION
Ghazali bin Hj. Md. Amin*
I. INTRODUCTION
In any civilized society of today, the word
justice (or injustice) refers to the rules andprocedures that characterize social
practices which are applied to the actionsof individuals who participate in thesepractices. When we speak of a breach of
the rules of ‘natural justice’, we arereferring to arbitrariness suffered by anindividual in a ruled-governed process(Barry P. Norman, 1955; An Introduction
to Modern Political Theory; p.149). Thus,
when we talk about justice, it implies
equality before the law, otherwise certain
forms of inequality are arbitrary andunjust.
As Rawls himself says, “Justice is thefirst virtue of society” (Rawls, J.; 1972, The
Theory of Justice p.3) and most people
would agree that, although a society may
exhibit other moral values than justice, asociety characterized by injustice would be
especially blameworthy. Not only is it rightto act justly, it is also specifically wrong to
act unjustly.
II. DEFINITIONS OF JUSTICE
The Webster dictionary defines justiceas the administration of law, authority or
jurisdiction in conformity with moral
principles or law. According to Barry, theconventional accounts of justice normally
begin by stating a fundamental rule thatderives from Aristotle. The theory is thatjustice means treating equals equally and* Superintendent, Public Relations, Royal Malaysia
Police, Malaysia.

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unequals unequally, and that unequal
treatment should be in proportion to theinequality (Barry P. Norman; Modern
Political Theory; 1995; p.153).
III. DEFINITIONS OF THE
CRIMINAL JUSTICE SYSTEM
Newman D.J defines the criminal justicesystem as, “a system that enforces
traditional systems, analysis of which
includes describing the structural interrelationship of legislative, appellate court,
enforcement and administrative agencies,
as well as their corresponding process ofdecision making from the arrest of suspects
through charging, adjudication,
sentencing, imprisonment and release onparole”. Reid (1982) defines the criminal
justice system as, “the agencies responsible
for the enforcement of criminal law
including legislation, police, courts andcorrections. Their processes of decision
making consists of the prevention, detection
and investigation of crime; theapprehension, accusation, and detention
and trial of suspects; the conviction,
sentencing, incarceration or official
supervision of adjudicated defendants”.
IV. EQUALITY IN THE MALAYSIANCONTEXTIn Malaysia, a similar expression isfound in Article 8(i) of the Federal
Constitution, which guarantees that: “Allpersons are equal before the law andentitled to the equal protection of the law.”
This expression of “equal protection of thelaw”, was implanted in tote (derived form)
from Art.14 and Art.4 of the Indian and112TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
Pakistani Constitution, respectively. It
must also be mentioned here that although
the Reid Commission in 1957 felt that
fundamental individual rights werealready established throughout Malaysia,
nevertheless they felt that there should be
a constitutional safeguard because of
apprehensions about the future[Federation of Malaya (Constitutional
Commission, 1956-1957 Report, Paragraph161) ].
V. POLICE ROLE IN THE
CRIMINAL JUSTICE SYSTEM
Police are one of the integral components
of a criminal justice system. The police arealways refered to the “long arm of the law”,“law enforcers”, as well as “peace
mediators”. In the course of the executionof their official duties, there may be someshortfalls or flaws in police actions. Suchpolice actions are pertaining to sections 3(3)of the Police Act, 1967; sections, 15, 28 and117 of Criminal Procedure Code (Arrest);
sections 54 and 62 CPC (Search); andsections 387 and 388 CPC (Bail). If police
personnel, are ‘ultra vires’ of their official
jurisdiction in the course of performing
their duties, or contravene any of the above
mentioned sections of law, their actions, if
done without due care and properaccountability, may result in a miscarriageof justice on the part of the persons
concerned.
As Alan E. Ellis said about law andjustice, “The concept of law, using law andlaw enforcement, is only part of the large
idea of justice......Justice includes the useof law and it can’t really exist in society
without order. But the idea goes beyond
both law and order. It is close to what might
be called fundamental fairness, liberty or
almost moral decency......”.
As law enforcement is the most criticaland visible component of the criminal

justice system, the police, in executing theirofficial duties, must ensure that any
shortfall in police action does not result in“justice denied” to the person concerned.
In order to ensure and guarantee thatjustice is neither delayed nor denied,Vincent Ng Kim Khoay, J.C. in PP v LeeEng Kooi (1993) 2 AMR (Supp. Rep) 480
rightly said, “Public interest consideration
demands that criminals are apprehended,rightly charged, fairly tried, justly convicted
and appropriately sentenced. It is only
through an interplay of good law officers(police), honest and able DPPs, ethicallawyers and competent magistrates andjudges that these essential links in theadministration of justice and maintenanceof law and order are ensured for society. A
shortfall in any these links hardly serves
the public interest”.
VI. PUBLIC ALSO HAS A ROLE TO
PLAY IN CRIME PREVENTION
The surge in the crime rate last year, as
revealed by the police, is a reminder thatthe people must never take safety andsecurity for granted. According tostatistics, the crime index rose from 87,902
cases in 1996 to 121,176 in 1997 (index
crime is made up of violent and property
crimes). Policing say the increase wassignificant, compared with the rise of 6,681
cases or 8.23% in 1996 from 81,221 casesin 1995. In 1997 property crime topped thelist with 104,257 cases, an increase of
28,695 or 37.98%. The police had solved
17,824 property crimes and 7,916 violent
crimes. In the wake of these statistics,
questions have been asked as to whether
we have done enough to prevent crime.
While we recognise that the police have amajor role to play, the responsibility is notours alone. One leading newspaper
recently pointed out that while Malaysia
is a comparatively safe country to live in,its citizens and residents should rememberthat these are extraordinary times.

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RESOURCE MATERIAL SERIES No. 56
VII. COMMUNITY CRIMEPREVENTION : WHY IS IT
IMPORTANT ?
Community crime prevention means
people sharing the responsibility formaking the place where they live moresecure. It doesn’t mean taking on the roleof the police, but using valuable police
resource more effectively.
The premise for community crime
prevention is the same as for any
community endeavour - when people pull
together to solve common problems, muchis possible. Since residents know their own
communities better than anyone, they canoften find solutions ideally suited to thesocial and cultural identity of theircommunity.
Obviously, for a community to undertakea successful crime prevention program, anorganized approach and a strong sense ofcommitment are needed. In mostcommunities, there are individuals andgroups with a proven track record oforganizing any number of local projects.
Frequently these people are leaders andvolunteers alike and will have a longstanding commitment to improving thequality of community life.
A growing number of community-basedorganisations are now taking action or
looking for ways they can be involved incrime prevention programs. Some takepart in programs such as Neighbourhood
Watch. Others are creating new programs
designed to meet the specific situation in
their community.
VIII. COMMUNITY POLICING/
ACTIVITIES FOR ENHANCING
PUBLIC AWARENESS
A. Malaysia Crime Prevention
Foundation (MCPF)
The Malaysia Crime Prevention

226

Foundation (MCPF) was established on 12
January 1993. The launching of theFoundation was officiated by the
Honourable Prime Minister of Malaysia,
Dato’ Seri Dr. Mahathir Mohamed, who isalso the patron of the Foundation.
1. Objectives(i)
The Foundation aims to contributeto the enhancement of effective
measures for crime prevention andthe treatment of offenders by wayof survey, research and otherprogrammes. This is the basis ofsolidarity and mutual co-operation
among persons involved withcriminal justice system in countriesof the Asian region; pursuing theultimate goal of peace and stability
in the region.
(ii)

The Foundation shall also promote
public awareness of, andparticipation in, crime prevention
efforts in tandem with the coordinated efforts of government andprivate organisations interested or
involved in crime prevention andthe criminal justice system.

(iii)

The Foundation shall receive andadminister all funds for thefulfilment of the above objectives
for the benefit of all Malaysians,
irrespective of race, creed or
religion.

2. Activities
In furtherance of its declared objectives,
the Foundation shall undertake thefollowing activities:(i)

Organise, co-ordinate, promote
activities and assist otherorganisations, institutions, bodies
and persons for the purpose ofcrime prevention.

112TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
(ii)

(iii)

(iv)

(v)

(vi)

Organise or assist in organisingpublic lectures, training sessions,
symposia, seminars, exhibitions
and other meetings concerning
research, training and public
enlightenment and awareness inconnection with crime prevention
and the treatment of offenders.
Conduct, assist or encourage suchactivities as surveys, research andrelated activities in the field of
crime prevention and the treatment
of offenders.
Publish and distribute pamphlets,
periodicals and other relevant
literature to expound the aims andobjectives of the Foundation,subject to the prior approval of therelevant authority.
Publish, exchange and distribute
documents and source materials
concerning crime and criminal
justice, mainly in Asia.
Send, invite, assist in sending or
inviting researchers and experts inthe field of crime prevention andthe treatment of offenders,regardless of their place ofresidence.

(vii) Assist the activities of those whowork for the rehabilitation of
victims, offenders and former
offenders in Malaysia.
(viii) Collaborate and co-operate withother related organisations insideand outside Malaysia, particularly
the United Nations Asia and Far
East Institute for the Prevention of
Crime and Treatment of Offenders(UNAFEI) and other similar
regional organisations.

(ix)

At least 70% of all income of the
donations to the Foundation shallbe utilised for the fulfilment of thedeclared objectives of theFoundation.

(x)

Collect and receive grants,
endowments, donations andlegacies from individuals ororganisations or from any othersource for the promotion of theobjectives of the Foundation.

(xi)

Solicit funds to support and sustain
non-commercial activities
organised in fulfilment of its
declared objectives.

(xii) Generate income by utilising notmore than 30% of all income anddonations to the Foundation in
short-term investments, the profits
of which shall be used solely to fulfil
the objectives of the Foundation.
(xiii) C o n t r i b u t e t o w a r d s t h erehabilitation of and assistance tothe victims of crime, where suchassistance is considered by theFoundation to be appropriate
according to the merits of each case.
3. Membership(i)
Ordinary Members: All individuals
whose applications for membershiphave been approved by the
Executive Council. A university oruniversity college student may
become a member with the priorapproval of the vice-chancellor of
the university concerned.
(ii)

Honorary Members: Individuals
who have been considered by the
Executive Council to be appropriate
because of their outstanding
contributions to the activities of theFoundation.

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RESOURCE MATERIAL SERIES No. 56
(iii)

(iv)

Corporate Members: Duly
constituted associations, clubs orother similar bodies interested inor contributing to the activities of
the Foundation and considered by
the Executive Council to beappropriate for the honour.
Life Members: The Executive
Council may, in its absolute
discretion, grant life membership tomembers who have madeoutstanding contributions topromote the activities of theFoundation.

dismissed from being a member.
A member intending to terminate theirmembership shall submit a written noticeof intention to the Chairmam of the
Executive Council. The Executive Council
may dismiss a member from membershipin any one of the following circumstances:
(i)

(ii)
(iii)

The Executive Council may fix an
entrance and subscription fee for members
and may, from time to time, vary the same,
subject to the approval of the Registrar ofSocieties. The entrance fee shall be
RM20.00 and the annual subscription fee
shall be RM30.00. Corporate members
shall pay an entrance fee of RM2000.00 andannual subscription fee of RM2000.00.
The Executive Council shall have fullpower and discretion to approve or refuse
applications for membership to theFoundation. Only ordinary members, life
members and representatives of corporate
and associate members are eligible to voteand be elected or appointed to the
Executive Council. Each corporate andassociate member may nominate a numberor representatives, as determined by the
Executive Council, to participate in theactivities of the Foundation. Corporate andassociate members are each eligible to asingle vote.
Membership sall be terminated on thefollowing grounds:
(i)
(ii)
(iii)

228

When the member resigns theirmembership from the Foundation;
On their demise;
When the member has been

When a member has damaged thereputation of the Foundation or
acted in a manner prejudicial to theobjectives of the foundation;
When a member has acted against
their membership obligations;
When a member is conspicuously indefault of membership dues andcontinues to neglect the reminders
for payment.

No subscription or part thereof, norentrance fee, if any, shall be returned to amember upon ceasing to be a member by
resignation, expulsion or termination of his
membership. The Foundation is not under
the purview of the police, even though it
has police officers within it. It is an NGO.
B. Central Monitoring System (CMS)The Malaysia Crime Prevention
Foundation (MCPF) is going all out toreduce crime in the country. Two of its
current projects are the Central Monitoring
System (CMS) and Safe City Concept,
which are aimed at making it more difficultfor people hoping to embark on a life ofcrime.
One of the main projects of thefoundation is the implementation of acrime-fighting tactic known as the Central
Monitoring System (CMS) which will allow
the public to actively in combating housebreak-ins. With the CMS, the government
won’t have to recruit more police personnel
and incur extra cost, especially at a time
when austerity drives are being adopted
nation-wide. Even if the economy was still112TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
bullish, the public must play its part inorder for the police to effectively combat
crime.
The public expects the police to be
responsible for ensuring everybody’s safety;
it is impossible. With our nation’s current
population of 21 million, the ratio of police
personnel to civilians is 1:273. The logisticsof this ratio are indeed a handicap. Thereis no way everybody can be protected all
the time. Based on limited humanresources, the best that the police can do isintroduce efficient crime-busting systems,
step up patrols and quickly respond to
distress calls.
At one time, we had neighbourhood
watch groups such as Rukun Tetangga, butthey fizzled out. People are either too busy
with their daily affairs or do not want tospend time on such activities. The CMS
will be implemented at the planning stageof a housing scheme or township and will
represent a partnership between thedeveloper, police and residents. The first
scheme to go online with the system willbe Bandar Utama Damansara in Petaling
Jaya. When operational sometime thisyear, this upper-middle class residential
estate will be the test-bed for an array of
hi-tech equipment and newly devised laws.
The CMS uses a sophisticated computer
system with a control or operations room
which is connected to the houses ofsubscribers. In the event of a beak-in,
sensors or cameras trigger off a signal in
the control room. The control room will bemonitored by watch-constables who aretrained to respond immediately to any
intrusion.
The watch-constable won’t be run-of-themill security guards. Under Section 9 of
the Police Act, they will be empowered toarrest suspects. This will make it easierfor them to carry out their duties. The
police force will give support to the watch-

constables. For example, if an alarm goes
off in a house, a watch-constable will notify
the police before rushing to the scene. But
if he arrives first, he can apprehend theunauthorized intruder. The watchconstables will be under the direct employof the security company operating the CMS
on behalf of the housing developer.
However, the police will monitor theirselection. They will have to undergo
training at the Police Training Centre(Pulapol) and come under the commandand control of an area’s OCPD.
As for the cost of the CMS, any service
rendered will have to be paid for. The cost
will be a nominal monthly fee, which willvary depending on the type of systeminstalled. With wide usage, we believe thecost of installing a CMS will be reduced,
as was the case with hand-held phones,
which are much cheaper now than when
they were first introduced. In time, it mybecome a necessity rather than a luxury.
The CMS will give house owners total peaceof mind. It is actually a system which
provides on-line communication, protecting
homes against intrusion by unauthorised
persons.
State-of-the-art onsite sending devices
will alert trained personnel who will
monitor a control room 24 hours a day.
They can then take immediate action
should the need arise. Most CMS stations
are also equipped with monitors to enable
the controllers to view clients’ premises,
thereby helping to minimise the time taken
to check the status of an alarm. Suchmonitoring can be done by installing
special cameras with infrared sensors instrategic locations such as the living room,
kitchen, staircase and study.
Every case will be investigated
immediately, but only in genuine situations
will clients be alerted and call the police
for back-up. If the police come, watch-

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RESOURCE MATERIAL SERIES No. 56
constables will assist in giving them anaccount of the burglary progress andlocation in the house. This will help thepolice to act fast and accurately.
The government will be careful in theselection of firms participating in the CMS
programme. Any security firms intending
to appoint watch-constables will have toapply to the Home Ministry for a licence.
Only when the Ministry is satisfied thatthe applicant fulfils all its requirements
will it grant approval.
C. Safe City Initiatives
The MCPF, spearheading the move toensure safety in the cities, was formed in
1993 to promote greater social and public
involvement in crime prevention. Its
current chairman is Education Minister,
Dato’ Sri Mohd. Najib Tun Abdul Razak.
1. Background
The Safe City Initiative is based on theprinciple “prevention is better than cure”.
This crime prevention approach is throughenvironmental design. It is based on theprinciple that crime prevention is achievedby reducing the opportunity to commit
crime. In the United States, crime
prevention is by reducing the opportunity
to commit crime. In the United States,
criminal psychologists have proved that
75% of crime is from victims behaviour
which encourages criminals to commit
crimes against them. For instance, mostof the robberies and highway crime happen
because of opportunity, not because it wasprofessionally planned.
Based on the above, it was decided thatprevention requires a physicalenvironmental design which can generatesocial behaviour that can deter criminals
from committing crime. This physicalenvironmental design is consistent withthe predictable relationship between
human behaviour and the environment in

230

which that behaviour takes place. The Safe
City Initiative is an approach that can beused to create a physical environment that
can help in crime prevention in developing
areas. It is a programme with integrated
activities towards creating, or at least
reducing the fear of, a city that is free from
crime.
The Safe City Concept, involves theenvelopment of a certain area. It involves
how buildings and structures are to be built
to prevent crime. Example: how
advertising boards are put up on
pedestrian crossings. If it is all blocked
when you use the crossing, nobody can see
you when you are robbed. Transparent
advertisement boards should be usedinstead. This in just one small part of the
Safe City Concept. Where trees are planted
is also important- overgrown bushes should
also be avoided because these can act as
an ideal place for criminals to hide. Studies
from some European countries and North
America have shown that the way towns
and estates are designed is seen to havean affect on the crime rate.
Besides that, it has been shown that theway a town is designed also results infamilies being more friendly with eachother, reducing the rate of crime because
they will watch out for each other. Under
the Safe City Concept, safety lanes forbicycles and motorbikes, and safer roads
will be built. It is holistic concept to makeliving in the city safer.
Experts within the MCPF, like thedirector of the Town and Country Planning
Department of Selangor, who is an exco
member, is working on the Safe City
concept. Developers are also updated on
the State City Concept.
The MCPF is also involved inresearching the field of crime prevention,and sometimes invites experts from

112TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
different parts of the world to give talks on
new insights on fighting crime. The
foundation is not under the purview of thepolice, even though it has police officers
within it. It is an NGO.
We hope that in the future the MCPF
will almost be exclusively made up of nonpolice personnel, except for the post of duty
chairman who must be the IGP. The
latter’s presence will ensure police supportand supervision of its crime prevention
project.
2. Characteristics• Partnership between governmentand citizens, especially marginalizedgroups;• Prevention of criminal behaviour
through environmental design,community development andeducation;• Combine citizens in crime prevention
and instil neighbourhood spirit; and• Urban safety as a catalyst for change.
3. Schedule of Activities(i)
Selection of project area,
introduction to project area andtarget group;(ii)
Explanation of concept to target
group;(iii) F o r m a t i o n o f t h e S a f e C i t yCommittee for project area;(iv) Identification of issues/problems/
crimes by target group andCommittee;(v)
Solution to issues/problems bytarget group and Committee;(vi) Engagement of consultant if
necessary;(vii) Implementation of solutions;(viii) M o n i t o r i n g e f f e c t i v e n e s s o f
solutions;(ix) Modifications of solutions if
necessary;(x)Documentation of project activities;
and

(xi)

Continuous monitoring andfeedback.

4. Safe City Initiatives of Bangsar Zone
The Malaysia Crime Prevention
Foundation (MCPF), chaired by the
Honourable Dato’ Sri Mohd. Najid Tun
Abdul Razak, has decided to implement the
Safe City Initiative to combat crime in
Malaysia. A special committee was formed
to study in detail its implementation. On
June 2nd 1998, the MCPF Exco meeting
decided the two pilot projects, i.e in
Bangsar and Cheras Flats in Kuala
Lumpur, be implemented. Both projects
will be made models for future
implementation in all states.
Safe City Initiative’ Bangsar Zone
comprises of the following areas:
•
•
•
•
•
•

Sri Hartamas Residence Area
Bukit Bandaraya Residence Area
Bangsar Baru Residence Area
Lucky Garden Residence Area
Bangser Park Residence Area
Bangsar Baru Town Area

IX. PUBLIC PARTICIPATION &CO-OPERATION IN CRIMINALJUSTICE PROCESSES
A. Investigation
1. Arrest by Private Persons (SEC. 27
CPC)
Any private person may arrest any
person who, in their view, commits a nonbailable and seizable offence, or who has
been proclaimed under section 44, andshall without unnecessary delay take theperson so arrested to the nearest police
officer or, in the absence of a police officer,
take such person to the nearest police
station.
2. Information (SEC. 107 CPC)
(1) All information relating to thecommission of an offence, if given

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RESOURCE MATERIAL SERIES No. 56
orally to an officer in charge of apolice station, shall be reduced towriting, or under direction, and beread to the informant.
(2) All such information shall be enteredin a book to be kept by such officer,
who shall append to such entry thedate and hour on which suchinformation was given, and whether
given in writing or reduced to writing
as aforesaid, shall be signed by the
person giving it.
3. Police Power to Require Attendance ofWitnesses (SEC. 111 CPC)
(1) A police officer making an
investigation under this chapter may,by order in writing, require
attendance before themself of any
person being within the limits of thepolice district in which s/he is making
an investigation who, from theinformation given or otherwise
appears to be, acquainted with thecircumstances of the case. Suchpersons shall be, required under thissection to perform a journey of morethan seven miles from their usual
place of abode, exclusive of such
portion of the journey as may be
performed by train or motor car orother vehicle.
(2) If any such person refuses to attend
as so required, such a police officer
may report the refusal to a
Magistrate who may thereupon in
their discretion issue a warrant tosecure the attendance of such aperson as required by the aforesaidorder.
(3) Any police officer requiring theattendance of any person employedon a railway shall send immediate
information thereof to the person in
charge of the nearest railway station.

232

No person employed on a railway
shall be required to leave theiremployment under suchcircumstances as to endanger the
lives of persons traveling on therailway.
4. Examination of Witnesses by Police(SEC. 112 CPC)
(1) A police officer making a police
investigation under this chapter may
examine orally any person supposed
to be acquainted with the facts andcircumstances of the case, and shall
reduce into writing any statement
made by the person so examined.
(2) Such a person shall be bound toanswer all questions relating to sucha case as put to them by an officer.
Provided that such a person may
refuse to answer any question, theanswer to which would have atendency to expose them to a criminal
charge or penalty or forfeiture.
(3) A person making a statement under
this section shall be legally bound tostate the truth, whether or not sucha statement is made wholly or inanswer to questions.
(4) A police officer examining a person
under subsection (1) shall first informthat person of the provisions ofsubsections (2) and (3).
(5) A statement made by any person
under this section, whether or not a
caution has been administered tothem under section 113 (1), shall,whenever possible, be taken down in
writing and signed by the person
making it or affixed with their thumbprint as the case may be, after it has
been read to them in the language inwhich s/he made it and after s/he has
been given an opportunity to make

112TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
the corrections s/he may wish to
make.
5. Omission to Assist Public Servant
When Bound by Law to Give Assistance(SEC. 187 PC)
Whoever, being bound by law to renderor furnish assistance to any public servant
in the execution of their public duty,
intentionally omits to give such assistance,
shall be punished with imprisonment for aterm which may extend to one month, orwith a fine which may extend to four
hundred ringgit, or both. If such assistanceis demanded by a public servant legallycompetent to make such a demand (for the
purpose of executing any process lawfully
issued by a court, or for preventing thecommission of an offence, or for
suppressing a riot or affray, or for
apprehending a person charged with or
guilty of an offence, or of having escapedfrom lawful custody), they shall bepunished with imprisonment for a term
which may extend to six months, or withfine which may extend to one thousand
ringgit, or both.
B. Prosecution
1. Form of Summons and Service (SEC.
34 CPC)(1) Every summons to appear, issued bya court under this Code, shall be inwriting and signed as provided by the
Courts of Judicature Act 1964, or the
Courts Ordinance 1948, and shallbear the seal of the Court.
(2) Such summons shall ordinarily beserved by a police officer but the
Court issuing the summons may, if it
sees fit, direct it to be served by anyother person.
2. Service Procedure (SEC. 35)(1) The summons shall, if practicable, be
served personally on the person
summoned by showing them theoriginal summons and by tendering
or delivering to them a copy thereof
under the seal of the court.
(2) Every person on whom a summonsis served shall, if so required by theserving officer, sign a receipt for the
copy thereof on the back of theoriginal summons.
(3) In the case of a corporation, thesummons may be served on thesecretary or other like officer of thesame.
(4) Where the person to be summonedcannot, in the exercise of due
diligence, be found, the summons
may be served by leaving a copy
thereof for them with some adultmember of their family or with aservant residing with them.
3. Procedure When Personal Service
Cannot be Effected (SEC. 36 CPC)
When the person to be summonedcannot, by the exercise of due diligence, befound, and service cannot be effected as
directed by sec.35 (4), the serving officer
shall affix a copy of the summons to someconspicuous part of the house or other placein which the person summoned ordinarily
resides. In such cases the summons, if thecourt so directs, either before or after such
affixing, shall be deemed to have been duly
served.
4. Allowances / Protection
All allowances are paid to witnesses
attending court cases and protection is
given on a selective basis, based on theseriousness of the case.
1. Payment of the Expenses of Prosecutors
and Witnesses (Sec 427 CPC)
In every criminal case tried before theHigh Court, and in every criminal casetried before a Sessions Court or a233

RESOURCE MATERIAL SERIES No. 56
Magistrate’s Court, such a court may,in its discretion, order payment out of
the Consolidated Fund to theprosecutor and to the witnesses, bothfor the prosecution and for the defence,or to such of them as it thinks fit, ofthe expenses incurred by themseverally in and about attending theHigh Court, or the Sessions Court orMagistrate’s Court, and also as
compensation for their trouble and lossof time, subject to such rules as areprescribed.
2. Reward for Unusual Exertion (Sec430CPC)
Whenever it appears to any court thata private person has shown unusual
courage, diligence or exertion in theapprehension of a person accused ofhaving committed, attempted tocommit or abetted an offence
punishable with death or
imprisonment, such a court may order
payment to them, out of theConsolidated Fund, of any sum notexceeding one hundred ringgit.
3. Compensation for Family of a Person
Killed during Arrest (Sec. 431 CPC)
If any person is killed in endeavouring
to arrest or to keep in lawful custody aperson accused as aforesaid, theMinister of Finance may order paymentout of the Consolidated Fund to thewife, husband, parent or child of thedeceased of such a sum or sums asappear reasonable in compensation forthe loss sustained.
C. THE ATTORNEY-GENERALThe Yang di-Pertuan Agong shall, on theadvice of the Prime Minister, appoint a
person (who is qualified to be a judge of
the Federal Court) to be the AttorneyGeneral for the Federation.
It shall be the duty of the Attorney

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General to advise the Yang di-Partuan
Agong or the Cabinet or any Minster uponsuch legal matters, and to perform suchother duties of a legal character, as mayfrom time to time be referred or assigned
to by the Yang di-Partuan Agong or the
Cabinet, and to discharge the functions
conferred on them by or under thisConstitution or any other written law.
The Attorney-General shall have power,
exercisable on discretion, to institute,conduct or discontinue any proceedings for
an offence, other than proceedings before
a Syariah Court, a native court or a courtmartial.
The Federal Government may confer on
the Attorney-General the power todetermine the courts in which, or the venue
at which, any proceedings which s/he has
power under clause (3) to institute, shallbe instituted, or to which such proceedings
shall be transferred.
In the performance of duties, theAttorney-General shall have the right ofaudience with, and shall take precedence
over, any other person appearing before
any court or tribunal in the Federation.
Subject to clause (6), the AttorneyGeneral shall hold office during thepleasure of the Yang di-Pertuan Agong andmay at any time resign and, unless s/he isa member of the Cabinet, shall receive such
remuneration as the Yang di-Pertuan
Agong may determine.
The person holding the office of AttorneyGeneral immediately prior to the coming
into operation of this Article shall continue
to hold the office on terms and conditions
not less favourable than those applicableto him/her immediately before coming into
operation and shall not be removed fromoffice except on like grounds and in a likemanner as a judge of the court.

112TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
D. Judiciary
1. Justice of Peace
1. Appointment of Justices of the Peace,
Subordinate Courts Act 1948 (Sec. 98)
The Yang di-Pertuan Agong may, by
warrant under hand, appoint such
persons as deemed fit to be Justices of
the Peace within and for the Federal
Territory, and may, in like manner,revoke any such appointment.
The State Authority may, by warrant
under hand, appoint such persons as
deemed fit to be Justices of the Peacewithin and for the State, and may, inl i k e m a n n e r, r e v o k e a n y s u c happointment.
All appointments and revocations ofappointments made under this section
shall be notified in the Gazette.
2. Power of Justices of the Peace,
Subordinate Courts Act 1948 (Sec. 99)
Justices of the Peace in West Malaysia
shall have, and may exercise within theState for which they are appointed,
such powers not exceeding the powers
of a Second Class Magistrate as may
be conferred upon them by any written
law.
Justices of the Peace in Sabah shallhave, and shall exercise and perform,
such powers and duties as may be
conferred or imposed upon them by any
written law. They shall also have suchother powers and duties as the Minister
may, by regulations, confer or impose
upon them, and the Minister may
confer or impose the said powers andduties upon all or any of the Justices of
the Peace.
Before exercising or performing any ofthe powers or duties conferred, aJustice of the Peace shall take andsubscribe an oath in the presence of ajudge in chambers.
Nothing in this section shall be deemed
to require a Justice of the Peace to besatisfied as to the contents of any
document, or that the proper stamp
duty prescribed under any written law
has been paid thereon, except to ensurethat one or more stamps have been
affixed to the document and that they
have been cancelled in the mannerprescribed by law prior to signature
and attestation.
A Justice of the Peace, whilst exercising
powers or performing duties as such,shall be deemed to be a public servant
within the meaning of the Penal Code,and the Public Authorities Protection
Act 1948; this shall apply to any suit,action, prosecution or proceedingarising therefrom.
E. Juvenile Court
A juvenile can only be tried in a juvenile
court, which is very different in compositionand procedure from other by courts. The
juvenile court is presided over by amagistrate who is assisted by two advisors,
one of the whom is usually a woman. It is
not an open court, and only the court, court
officials, parties to the case, parents or
guardians, lawyers, witnesses andnewspaper reporters are allowed to bepresent. The media cannot reveal thename, address or school or any otherparticulars which may lead to theidentiffication of the juvenile.
F. The Legal Aid Scheme in
Malaysia
1. Mission
Towards becoming an excellent agency,
by providing caring and professional
legal aid and advice services to persons

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RESOURCE MATERIAL SERIES No. 56
who qualify under the Legal Aid Act
1971.
2. Objectiive
The objective of the Bureau is toprovide legal assistance to those who
cannot afford legal fees and to upholdthe principle of equality before the law.
3. Function• To provide legal advice in all legal
matters;• To represent or provide legal
assistance in proceedings in all courtsin Malaysia in matters within thejurisdiction, as provided by law; and• To educate members of the public on
their rights under the law.
G. Conflict Resolution System
Outside Trial: Plea Bargains
There is no governing law here, but it is
not illegal and it is not unusual to haveplea bargaining take place between theprosecution and the defence counsel only.
The court does not take part in the bilateralagreement. The matter of sentencing is
still up to the discretion of the courts.
Previously in a murder case, the defence
and prosecution could have quick
discussions at the bar table in court andcome to an agreement that the charge
under Section 302 of the Penal Code be
reduced to Section 304. Not being able todo that could cause delays and backlog.
Public prosecutors have to put ‘on record’
all requests and discussions with lawyers
who ‘plea bargain’ for a reduction of charges
or for a review of a case. Any suchapplication must be done in writing by the
defence counsel (on record) to the Attorney
General or the head of the Prosecution
Division or State Legal Advisor.

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X. PUBLIC PARTICIPATION & COOPERATION IN THE TREATMENTOF OFFENDERSTo date, 24,500 offenders are still under
detention in 36 various prisons andrehabilitation centres all over Malaysia.
The administration is run by the Prison
Department, which is directly under the
Ministry of Home Affairs. They weresentenced to prison by the courts foroffences committed under the Penal Code,
Dangerous Drugs Act, Firearms Act orother laws. Records show that public
participation and co-operation in thetreatment of offenders was overwhelming.
There were so many programmes andprojects being held. Two good example areas follows:
A. Religious Activities
There were more than 20 religiousorganizations conducting various religious
activities and programmes in all 36 prison/rehabilitation centres. The religiousorganizations represented not only Muslim
organizations but also Christian, Buddhist
and Hindu organizations.
B. Therapeutic Community (TC) Role Model
1. Objectives(a) To remind school children not to get
involved in and to avoid committing
crime.
(b) To remind parents of the importanceof care and concern towards the social
activities of their children in avoiding
crime.
2. Activities(a) Talks/lectures were conducted by
offenders who were still serving theirsentence, with the guidance ofcounsellors from the prison
department to selected schools.

112TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS(b)Slides/video/film shows.
3. Target(a) All secondary schools in Malaysia.
(b) Teachers and Parent Associations
through out the country.
In 1998, the programme was conducted
in 19 schools in the state of Selangor, while
34 secondary schools in the Federal
Territory of Kuala Lumpur. About 11,000
students and 3,000 parents participated inthis programme. So far 16 institutions(prisons) were actively involved in this TC
programme.

XI. ASSISTANCE TO VICTIMS &VICTIM PARTICIPATION IN THE
CRIMINAL JUSTICE PROCESS
A. Order for Payment of Costs ofProsecution and Compensation(SEC. 426 CPC)
The court before which a person isconvicted of any crime or offence may, in
its discretion, make either or both of thefollowing orders against them, namely:(a) an order for payment of the cost ofprosecution or such part thereof as
the court directs;(b) an order for the payment of a sum tobe fixed by the court by way ofcompensation to any person, or to therepresentatives of any person,
injured in respect of their person,
character or property by the crime oroffence for which the sentence ispassed.
The court shall specify the person towhom any sum in respect of costs orcompensation, as aforesaid, is to be paid;
and the provisions of section 432 [except
paragraph (d) of subsection (1) thereof]

shall be applicable to any order made under
this section. The court may direct that anorder for payment of costs, or an order for
payment of compensation, shall havepriority, and, if no direction be given, anorder for payment of costs shall havepriority over an order for payment ofcompensation.
To the extent of the amount which has
been paid to a person or to therepresentatives of a person under an orderfor compensation, any claim of such personor representatives for damages sustainedby reason of the crime or offence, shall bedeemed to have been satisfied. The orderfor payment shall not prejudice any rightto a civil remedy for the recovery of any
property or for the recovery of damages
beyond the amount of compensation paid
under the order. Every order made under
this section by a magistrate shall beappealable to the High Court.
B. Victim in the Criminal Justice
Process
Until very recently, there was a striking
lack of information about victims, and evennow, knowledge is still fairly sketchy,
limited to certain crimes and often, tocertain types of victims. This ignorance isastonishing when one considers that thecriminal justice system would collapse if
victims were to refuse to co-operate. Some
victims have found that their treatment by
officals in the justice system - the police,
lawyers, court officials, judges andcompensation boards - is too stressful,demeaning, unfair, disregarding of their
feelings, rights, needs and interests.
Sometimes, they see the system as a second
victimisation which can be more
unpleasant than the original crime. In
such cases, they may become disenchantedwith the system and choose not to reportor to co-operate in the future; theirexperiences may also affect friends andfamily, and even the general public,

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spreading a general reluctance to cooperate. This syndrome is best known inrape cases were few women are willing toco-operate, but also exists in other areas.
Victims often feel they are being usedby the courts. They are expected to reportto the police but are not always made feel
comfortable in doing this. For most victims
the police station remains a fairly
uninviting environment. This reduces theeffectiveness of crime control, as itincreases the offender’s chance of getting
away undetected. If victims are asked to
identify offenders, they are rarely screened
and may, through fear of facing theoffender, fail to identify him or her. Whencalled to give evidence, they are rarely
permitted to relate their experiences intheir own words but are forced to answer
questions which may actually misrepresent
their account of what occurred.
Furthermore, if they refuse to co-operate,they may be prosecuted because they would
be obstructing the course of justice. The
proceedings are indeed mostly adapted to
the needs of the State, which has also been
victimised in that its peace and its rules
have been broken. The State has aninterest in the social control of offenders
and therefore has a right to require anyone
to give evidence, but not at the expense of
victims’ rights and interest.
C. Remedies
In recent years, more attention has been
paid to victims. Systems of compensation
and restitution have developed to repay
victims for their losses.
1. Compensation
Compensation is a system in which theState repays victims for their financial
losses or physical injuries. Under thissystem, it is not necessary to arrest andconvict an offender for a victim to becompensated, nor does a convicted offender
have to be financially solvent for the victim

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to be repaid for his or her losses.
Compensation has been justified inseveral ways. Some say that the State has
an obligation to protect the welfare andsafety of its citizen, and that when it fails
to prevent crime, it should pay victims fortheir losses. Another rationale forcompensation is that it may prevent
victims from becoming angry at thecriminal justice system and alienated fromthe political system (Schafer, 1968; Stookey,1981). Even though compensation
programs are sometimes aimed at public
attitudes toward the criminal justicesystem and the government, research
indicates that many victims who havesought compensation are disenchantedwith the criminal justice system. Indeed,administrative obstacles to securing
compensation, and the inadequate rewards
provided to victims, seem to engender morediscontent towards the legal system among
applicants for compensation, than exists
among people who do not apply forcompensation (Elias, 1983, 1984).
Compensation programs must deal withthe problem of the victim’s contribution to
the crime. Victims sometimes precipitatea crime or contribute to their own
victimization, and in such cases, the Statemight choose not to compensate the victim.
For instance, someone who first uses force
against another person and then ends up
badly injured in a fight might not becompensated if the State Compensation
Board found that the crime would not haveoccurred without the victim’s initiating
actions. In Great Britain, compensation islimited to ‘deserving cases’, and this isdetermined in part by the degree to which
the victim is to blame for his or her own
victimization (Schafer, 1968).
2. Restitution
A system of restitution requires
offenders to make monetary payment or112TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
provide services, either to the victim or thecommunity at large. Relatively, few
criminal courts have used restitution
extensively, but growing concern forvictims’ rights has led some judges torequire offenders to repay victims for theirlosses.
Some claim that restitution makes
offenders take responsibility for their
behaviour and thus helps rehabilitate them
(Denning, 1976). Others claim that
offtenders who repay their victims may not
feel guilty for their crimes if they believe
they have corrected their wrongs, and that
this may make it more likely that they willcontinue to commit crime. Restitution
might improve crime reporting if victims
thought they would be repaid for theirlosses. Moreover, by easing public hostility
toward offenders, restitution might reducethe isolation of offenders from conventionalsociety and make it easier to reintegratethem into society after they are released
from prison. Restitution would also lighten
the burden on taxpayers if it replaced asystem of state compensation (Barnett,
1977; Bridges, Grandy and Jorgendon,1979).
3. Others
Victims have also been given a greater
voice in the sentencing of offenders, thoughdefendants are usually allowed to respondto victims statements. In somejurisdictions, victims must be notified ofhearings and trials and be informed when
an inmate is being considered for parole orescapes from prison.
In America, district attorneys havestarted to pay more attention to the role ofthe victim in the criminal justice system.
They can help to deal with a victim’s fearof retaliation by the offender, frustration
with delays in the court, and intimidation
by a defence attorney’s cross-examination.
District attorneys can also impress on

victims and witnesses the importance oftestifying in court. In some jurisdictions,victims have even been included in plea
bargaining conferences with the district
attorney, the defence attorney and thedefendant (Heinz and Kerstetler, 1981).
One study found that victim-witness
programs in prosecutors’ offices contributedin an important way to keeping victims
informed about the progress and outcomeof cases, and that crime victims expressedmore satisfaction with the criminal justicesystem when they knew the outcome of thecase and thought they had influenced thatoutcome (Forst and Hernon, 1985).
Few judges learn directly from victims
about the impact crime has on their
psychological well-being, physical condition
and financial situation. Usually, judges
learn about this only from pre-sentence
reports prepared by probation officers, whodraw on secondhand information frompolice reports, medical records, or victim
discussions with prosecutors. As a result,some courts have introduced victim impact
statements, detailed written reports basedon interviews with victims about the effectsof crime on them (Forst and Hernon, 1985).
In 1987, the US Supreme Court ruled thatsuch victim impact statements could not
be used in hearings on the imposition of
the death penalty, arguing that thosehearings should focus on the defendant’s‘moral blameworthiness’ rather than on theimpact of the crime on the family of thevictim.
Today, nearly all states (in the USA)
permit victims to appear at parole board
hearings or to file written statements withparole boards, in order to make theirwishes known whether a prisoner should
be released. This reform was introduced
to the Federal Prison System in 1984.
Many victims do not take this opportunity
to make their wishes known, either fearing
retaliation or not wanting to dredge up

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unpleasant memories of past crimes.
However, those who oppose the use of
victim’s testimony to parole boards andvictim impact statements in court fear thatthose reforms might introduce publicpressure or vengeance into proceedingsthat should be more dispassionate. They
claim that poor and uneducated offenders
might be punished more severely if they
are confronted with articulate victims who
demand long sentences. These critics
assert that sentencing and parole should
be based on an offender’s threat to society
and behaviour while in prison, not on a
victim’s wishes.
Supporters of these reforms argue thatthey draw the victim into the criminal
justce system in a direct way, thereby
providing a new perspective to criminal
justice administrators. They also point to
the greater degree of satisfaction with thecriminal justice system among victims whobelieve their wishes have been taken into
consideration in meting out punishment,
arguing that a satisfied victim is more
likely to report crime in the prosecution of
defendants in the future, and this may help
deter crime.
XII. CONCLUSION
The criminal justice system would
probably function more efficiently if it
counseled victims and witnesses and tried
to incorporate them more into theprocessing of defendants. Ultimately, thecriminal justice system should achieve an
equilibrium of justice for the victims, public
and the State, as for well as for the
defenders.

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