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Member:

1. NG CHYI EN 244388
2. TAN POH LEE 244358
3. ANGEL YEON KING LIAN 244308
4. KOAY ZIAH YUAN 244408
Process of Detention
A) SOSMA
1. The person who were arrested can be detained for 24 hours for investigation [sec 4(4)]
When being detained, the police officer who carry out the investigation shall [sec 5(1)
(a), (1)(b)]:
a) notify the next-of-kin of such person
b) allow the person who were being detained to consult a legal practitioner
A police officer of or above the rank of Superintendent of Police may delay for not more
than 48 hours for the consultation mentioned in sec 5(1)(b) with reasons refer to sec 5(2)
(a) - (d) [sec 5(2)]
2. A police officer of or above the rank of Superintendent of Police may extend period of
detention for not more than 28 days. [sec 4(5)]
3. With the view that further detention is not necessary, police officer may release the person
but the person have to attached with an electronic monitoring device [sec 4(6)]
If police intend to attach an electronic monitoring device on the person upon his release,
he shall submit report of investigation to Public Prosecutors [sec 4(7)]
Period for the attachment of electronic monitoring device shall not exceed 28 days (28
days start from the day when the detention was extended) [sec 4(8)]
4. If not being released earlier, one week before the expiry of the period of detention, police
officer shall submit the investigation papers to the Public Prosecutor [sec 4(9)]
* A person who has been charged with security offence cannot be bail [sec 12(1)]
Except [sec 12(2)]:
A) a person under 18-year-old
B) a woman
C) a sick and infirm person

B) POTA
1. When a person being arrested the case shall be referred by the police officer to Public
Prosecutor for direction not later than 7 days from the date being arrested. [sec 3(2)]
2. Within 24 hours after being arrested, the person has to be bought before Magistrate. [sec
3(3)]
If there is production of a statement in writing signed by a police officer not below rank
of Inspector stating that they believe the person has engaged in the commission or
support of terrorist acts should be entered in Register and the person should be remanded
in police custody for 21 days. [sec 4(1)(a)]
If no such statement being produce, then the arrested person will be release. [sec 4(1)(b)]
3. Any person remanded on or before the expiry of the period for which he is remanded will
be taken before a Magistrate, who shall produce a statement in writing signed by the Public
Prosecutor or by a police officer not below rank of Assistant Superintendent stating that it is
intended to hold an inquiry into the case of that person, then the person has to be remand in
custody for 38 days. [sec 4(2)(a)]
If no such statement being produced, the person can be released directly. [sec 4(2)(b)]
4. Person that had been remanded in custody may at any time taken before Session Court
Judge, if there are no ground on which the person is lawfully detained:
Shall be direct released [sec 4(6)(1)(a)]
On the application of a police officer may direct his release subject to [sec 4(6)(1)(b)]:
The execution by the person of a bond, for his appearance at such place and such time
within 59 days as the Session Court Judge may direct, the person has to attached with
an electronic monitoring device with period no longer than 59 days, the police officer
that intend to attached the monitoring device has to submit report to Public Prosecutor
The supervision of the police for such period not exceeding 59 days as Session Court
Judge may direct, the person has to attached with an electronic monitoring device
with period no longer than 59 days, the police officer that intend to attached the
monitoring device has to submit report to Public Prosecutor

Type of orders
1. Detention Order
- Made under subsection 13(1) of Prevention Of Terrorism Act
- By minister or by board
- Once the police had arrested the person, the police can detain the person of 60 days.
- After the 60-day detention by the police, the minister usually can issue a detention or
restriction order
- Under POTA, the duration of the order to be extended should not exceeding 2 years
- The detainee should be detain in camp
- The detainee should be detained not exceeding 2 years

2. Restriction Order
- Made under subsection 13(3) of POTA
- By minister or by board
- Control and supervision will be exercised upon that person in respect of his activities,
freedom of movement or places of residence
- It is unnecessary to detain him but only restrict his freedom
- Not exceed 5 years
- Minister has the power to renew the order for periods of not more than2 years at a
time, for an indefinite period

3. Suspended Detention Order


- The minister may issue to suspended detention order if the detainees camp has any
problem
- It is a matter of cause
- Should be extended together with detention or restriction order with the restrictions
and conditions imposed in respect of such suspension
- Made under subsection 15(1) of POTA