Cops to use CPC after expiry of key Sosma provision

After the expiry of a key provision of the Security Offences (Special Measures) 2012 Act (Sosma) on July 31, the police will resort to other laws, such as the Criminal Procedure Code, for offences under the law.

Inspector-General of Police Acryl Sani Abdullah Sani said the police accept the decision of the Dewan Rakyat to not extend the enforcement period for the provision.

The provision in question is Section 4(5), which allows for detention without trial for up to 28 days and must be renewed by both houses of Parliament every five years to remain valid.

“For cases after July 31 involving offences under Sosma, the police will use provisions in other laws, such as the Criminal Procedure Code, by detaining through the remand process in court. 

“The police remain committed to carrying out investigations as efficiently as possible by using available Acts that are still in effect,” he said. 

Section 4(5) deals with several offences under the Penal Code, namely Chapter 6 on offences against the state, Chapter 6A on offences relating to terrorism, Chapter 6B on organised crime. 

It also deals with Chapter 3A of the Anti-Trafficking and Anti-Smuggling of Migrants Act 2007 and provisions in the Special Measures Against Terrorism in Foreign Countries Act 2015. 

In the Dewan Rakyat today, only 84 MPs supported the renewal of Section 4(5) Sosma when a bloc vote was called, compared to 86 who opposed it. Another 50 MPs were absent.

This means the provision will no longer be in force once it lapses on July 31, 2022.

It was first enforced on July 31, 2012, and renewed for the first time in 2017. - Mkini