Detention process under SOSMA

1. A police officer may arrest and detain any person whom he has reason to believe to
be involved in security offences even without warrant. s.4(1)
When a person is arrested by the police officer who making the arrest, he
should be informed the grounds of his arrest as soon as the arrested has
been made. s.4(2)
No person shall be arrested and detained under this section solely for his
political belief or political activity. s.4(3)
The arrested and detained person maybe detained for a period of 24 hours
for the purpose of investigation. s.4(4)

2. However, a police officer of or above the rank of Superintendent of Police may extend
the period of detention for a period not more than 28 days for the purpose of
investigation. s.4(5)

3. On the other hand, if the police is of the opinion that further detention is not
necessary, the person maybe released but an electronic monitoring device may be
attached on the person in accordance with subsection (7) and (8) for the purpose of
investigation s.4(6)
If the police officer intends to attach an electronic monitoring device on the
person upon his release, he shall submit a report of the investigation to the
Public Prosecutor. s.4(7)
Upon receipt of the report, the PP may apply to the Court for the person to be
attached with an electronic monitoring device for a period which shall not
exceed the remainder of the period of detention allowed under subsection (5).
s.4(8)

4. One week before the expiry of the period of the detention (28 days), the police officer
who is conducting the investigation shall submit the investigation papers to the PP.
s.4(9)

Detention process under POTA

1. A police officer may without a warrant arrest any person if he has the reason to
believe that grounds exist which would justify the holding of inquiry into the case of
that person under POTA. s.3(1)
2. The case shall be referred by the police officer to the PP for direction not later than 7
days from the date of arrest. S.3(2)
 3. Any person arrested under subsection (1) shall be taken before a Magistrate without
any unreasonable delay within 24 hours (excluding the time of any necessary
journey).
4. Wherever any person is taken before a Magistrate, the Magistrate shall remand the
person in police custody for a period of 21 days based on the statement in writing
signed by the police officer who not below the rank of Inspector stating that there are
grounds for believing the person is engaged in the commission or support of terrorist
acts involving listed organizations in foreign country or any part of the foreign country.
If no such statement is produced, and there are no other grounds on which the
person is lawfully detained, the person will be released. s.4(1)
5. Any person remanded under paragraph (1)(a) can be further detained by taking
before a Magistrate who shall order the person to be remanded in custody for a
period of 38 days
a. on the production of a statement in writing signed by the PP stating that in his
opinion sufficient evidence exists to justify the holding of an inquiry and
b. a statement in writing signed by a police officer not below the rank of
Assistant Superintendent stating that it is intended to hold an inquiry into the
case of that person
c. if not such statement, the person shall be released. s.4(2)
6. Every person remanded in custody shall as soon as possible be brought before an
Inquiry Officer. s.5
7. Any person remanded in custody under section 4 may at any time be taken before a
Session Court Judge if there are no other grounds on which the person is lawfully
detained, shall release him if there is the statement in writing signed by police not
below the rank of Assistant Superintendent stating that it is not intended to continue
with the inquiry into the case of that person.
8. 59 days

Type of Orders & state the relevant provisions under SOSMA & POTA

The process of representation to the Board under the Federal Constitution, SOSMA & POTA

Analyse the case of Yazid Sufaat & give your opinion whether you agree or not with the
decision of the Court