THE Malaysian Bar welcomes Parliament’s rejection of the government’s motion to extend the effective period of subsection 4(5) of the Security Offences (Special Measures) Act 2012 (Sosma) for another five years (“Dewan Rakyat votes against five-year extension of 28-day detention under Sosma”, The Star, March 23; online at bit.ly/star_dewan).
After July 31, 2022, the police will no longer have the power under Sosma to detain a suspect up to 28 days for investigations without being brought before a magistrate to be remanded under subsection 4(5) of Sosma. This is a step in the right direction as Article 5(4) of the Federal Constitution requires any person arrested to be brought before a magistrate within 24 hours and not be further detained in custody without the magistrate’s authority.
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