Judiciary has taken steps to improve remand process - chief registrar

 

The judiciary has made efforts to improve the remand process, said the Federal Court’s chief registrar.

The chief registrar said this in response to lawyer M Manoharan, who wrote a letter to Chief Justice Tengku Maimun Tuan Mat proposing improvements to the remand process amid a series of custodial death cases recently.

Among his proposals included requiring the magistrate to deny remand if a suspect is not presented by a legal counsel or is suffering from illnesses such as diabetes, high blood pressure and heart disease.

The chief registrar, which was directed by Tengku Maimun to address the issue, said the remand process is based on legal provisions provided by the Criminal Procedure Act and related provisions.

"At the same time, there is also the Chief Justice of Malaysia Practice Direction No 2 of 2003 and Chief Registrar's Circular No 2 of 2012 that outlines the procedure for applying a remand order under section 117 or the Criminal Procedure Code.

"The judiciary had also taken the initiative to scrutinise and study the relevant practice directions and circulars to improve current practices and procedures with regard to application of the remand order," the chief registrar said in a statement.

The Chief Justice of Malaysia Practice Direction No 2 of 2003 was issued by then Chief Justice Dzaiddin Abdullah.

Dzaiddin also headed a royal commission of inquiry to enhance the operations and management of the Royal Malaysian Police, which among others proposed the setting up of an Independent Police Complaints and Misconduct Commission (IPCMC).

The practice direction, among others, required the magistrate to ask if a suspect had been given the opportunity to get in contact with a lawyer and whether he or she wanted legal representation.

It also outlines what a magistrate must do when considering a remand application.

Meanwhile, the Chief Registrar's Circular No 2 of 2012 required magistrates to inform suspects who do not have legal representation that they have a right to get legal representation from the National Legal Aid Foundation (YBGK).

YBGK is intended to provide legal aid in criminal cases for those who cannot afford legal representation. - Mkini