Search

Question 1

Power to search premises found in which provisions of CPC?

Power to seize?

Answer 1

Arrest

• s16: allow entry, reasonable force, break in
• no need for search warrant

Search Warrants

• s54/56: search warrant
• s63/63: without warrant
• s58: wrongfully confined - issue search warrant
• s59: closed place - need to allow entry if there’s a search warrant

Investigations
- police investigations - search only

Power to seize - s435 CPC
Procedure after seizure - s415 CPC

s17: persons can be searched if premises lawfully searched

Question 2

Power to search persons

• persons arrested
• women
• general provisions

Answer 2

Under Arrest provisions

• s17: body search allowed when premises searched
• s19: search of women only by women
• s20: search of arrested persons only by police officer (seize s435; dealings with the seized goods s413)
• s20A: 4th Schedule applies notwithstanding any written law
• s21: search for offensive weapons by anyone

Question 3

Search Warrant

Answer 3

s54 general + s435 seize + s413 dealings with seized goods

s56 search & seize evidence of offence

s116 search for documents summoned

• this seems to be similar to the powers under s435

Question 4

Search without warrant

Answer 4

s62 specific property alleged stolen + s435 seize + s413 dealings with seized goods

s63 search and seize stolen property - authorised by Chief Police Officer

s116 search for documents summoned (can use reasonable force etc as if there’s warrant)

** apply [Ghani] under s5 only AFTER it is determined that s435 not applicable

(1) believe serious offence has been committed, so serious that it is imperative for offender should be caught
(2) reasonably believe that person in possession is involved in the crime
(3) article in question must be instrument or fruits of crime or material evidence to prove commission of crime
(4) not retained for longer than necessary
(5) lawfulness judged at the time of search/seizure

Question 5

After seizure of property?

Occupant allowed to be present during search?

Answer 5

s65 Occupant permitted to attend search

s64 List of seized property

• no such requirement in e.g. DDA
• not fatal if no list but omission will cast doubt as to the bona fide of the search [San Soo Ha v PP]

s413 Procedure to deal with the property

Question 6

General Seizure Provision

Answer 6

s435 Wide powers

• Alleged/suspected to be stolen
• Found in suspicious circumstances

s413 Deal with seized property

Question 7

Production of documents

Answer 7

s51 summons for documents

[Raymond Chia]

• before commencement of proceedings: whether to produce documents depends on the relevancy to charge - if mentioned in the charge, have to produce
• durian trial: strict rule of relevancy
• general application for unspecified documents shall not be entertained

s51A Prosecution’s discovery of documents
* accused not entitled to statement of co-accused and prosecution witness, entitled to FIR and arrest report

[Anwar Ibrahim] s51 and 51A are 2 separate and distinct provisions

Question 8

Effect of illegal search and seizure

Answer 8

[PP v Gabriel] Illegality has no consequence on criminal proceedings - will not render subsequent proceedings void - e.g. illegal arrest, can still be tried in court