CRIMINAL PROCEDURE TUTORIAL

General guidelines

Please select a group leader.

The group leader is responsible for allotting the question or issue (s) and role to be taken
by each member of the group.
The group leader is advised to do the allotment after discussion with the members of the
group.
All members of the group including the group leader shall participate in the tutorial.
Visual aids may be used, if necessary.
Pay careful attention to time taken as it is advisable to make an attempt to complete all
questions for each tutorial.
The role to be taken is dependent on the nature and extent of the problem posed. It can be
as DPP, Defense Counsel, Judge, amicus curiae, Presenter etc.
When making submission you have to be mindful of the following:
Have an introduction to the issue (s) submitted.
The applicable legal provisions.
Case authorities, if any which clarify the legal provisions (e.g. if the provision is
unclear or subject to different interpretation).
Argument for the Prosecution.
Argument for the Defense.
Conclusion.
Due consideration will be accorded to each undergraduates participation, preparation and
analysis of issues discussed or argued.

TUTORIAL 1
Introduction to the Criminal Procedure Code (CPC)

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1. With the advent of information and communication technology, crimes have escalated to
be more complex and complicated, hence the emergence of a multitude of dedicated
statutes catering for such a phenomenon. Evaluate and submit if these dedicated
statutes have diluted the scope and extent of section 3 CPC.

2. Provisions in a statute are there for a purpose. Likewise section 4 CPC which is known
as a non-derogation clause serves a purpose. Evaluate and submit on the effect and
benefit of that provision to the criminal justice process in Malaysia.

3. It is a rebuttable presumption that a Code signifies comprehensiveness. This applies with

equal force to the CPC.

(i) Evaluate and discuss the extent of the application of the common law of
England pursuant to section 5 CPC to matters and issues on criminal
procedure by the courts in our country. You can support your answer with
decided cases which had followed the common law of England.
(ii) Do you still need section 5 in the CPC?

TUTORIAL 2
Jurisdiction of a Criminal Court.
1. Analyze and submit if the exceptions to the bedrock principle that all crimes are local
in nature are more useful than the general rule itself?

2. Evaluate and submit on the essential differences between jurisdiction and power of a
criminal court in criminal matters.

3. By way of Federal Law the superior courts and subordinate courts are conferred with
local jurisdiction, original jurisdiction, appellate jurisdiction, jurisdiction to
hear and jurisdiction to sentence. Evaluate and submit on these concepts by
making reference to the provisions found in the respective Federal law. Take note of
the evolution of case authorities impacting this area of law.

TUTORIAL 3

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Arrest and its accompanying rights

1 Could a defense counsel argue in court on behalf of his client who is now charged in
court for committing a criminal offence that his rights on arrest have been violated?
Support your argument with established legal principles and decided case
authorities.

2 The mode of commencement of a criminal proceeding is either by way of summons or

warrant. What is the relationship between the modes used with the jurisdiction of a
criminal court which tries an accused person?
When making your submission make reference to established legal principles and
decided case authorities.

3 On the issue of arrest, there are in place concepts like actual arrest, constructive
arrest, statutory arrest and common law arrest. Are there any salient differences
between these concepts? If so, how relevant are those differences to a criminal court
which tries an accused person?
Support your argument with relevant legal provisions, established legal principles
and decided case authorities.

4 How would you distinguish an arrest for a:

a seizable offence;
b non seizable offence.

5 The basis for an arrest may arise in the following circumstances, when the suspect is
concerned in an offence, there is a reasonable complaint against a suspect, there is
credible information on the suspect and there is a reasonable suspicion on the suspect.

Support your submission with relevant CPC, established legal principles and
decided case authorities.

TUTORIAL 4

Search and Seizure

1 Aman, a police inspector, has obtained from the Magistrate a search warrant which was
dated 1st June 2015 (Monday) to conduct a search on the premises of Bersih. The search

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warrant did not specify the period it was to remain in force. Aman executed the search
warrant on 12th June 2015 (Friday) and seized several jewelries from the premises. Being
aggrieved, Bersih filed a criminal application by way of notice of motion at the High
Court and sought a declaration that Amans execution of the search warrant was unlawful,
and an order that the seized jewelries be returned to Bersih.
Argue for and against Bersih if the application made is justified? You are also
required to raise an argument if the items seized can be tendered as evidence in
court if Bersih is charged for an offence of retaining stolen property under the Penal
Code.

2 In the course of conducting search under Chapter VI of the CPC, police officer Patto has
failed to prepare a list of stolen items seized by him from the house occupied by the
accused Ken. However Patto wishes to tender the stolen items as exhibits in the trial
against Ken who is facing a charge of theft under section 379 of the Penal Code.
Argue a case for and against the prosecution on the necessity of preparing such a list
and the consequences of the failure to do so.

3 A Sergeant, armed with a search warrant, entered a building and looked for a refrigerator
and a Prada designer bag suspected to contain dangerous drugs. He could not find them.
Instead, he found some expensive designer handbags and watches reported stolen from a
designer boutique a week ago.
What could the Sergeant do in the circumstance? Support your argument with the
CPC provisions, established legal principles and decided case authorities.
Would it make any difference if what the Sergeant had found was a blood-stained
sickle near the stove in the kitchen and saw spots of blood at the chicken-coup near
the kitchen area?

TUTORIAL 5

INVESTIGATION OF CRIMES

1 You are recently appointed as a tutor to conduct tutorials on criminal procedure to law
enforcement officers at the Law Enforcement Academy, Malacca. The participants wish
to have precise answers to the following questions. When will a crime be investigated?
Who investigates a crime? Why is a crime investigated? How is a crime investigated?
2 How would you enlighten your students on the issue of Order to Investigate (OTI) before
investigating an offence and investigation into a seizable offence?

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3 One of your students in the class wish to know if there is in fact any specialty in the
special powers of investigation provided for in the Criminal Procedure Code (CPC). How
would you answer that question?
4 You are a defense counsel acting for your client Mary in a corporate matter. With regard
to the same matter there is also a police investigation into an offence of criminal breach
of trust. Mary is now called by one ASP Lily for her statement to be recorded. Mary seeks
your advice if she has to abide by ASP Lilys request. How would you advice Mary?
5 What is the relationship between section 111 and 112 of the CPC?

TUTORIAL 6

Investigation of crimes - continued

1 As a general rule, no statement made by any person to a police officer in the course of a
police investigation under the CPC shall be used in evidence. What are the exceptions
to this general rule?

2 Inspector Arun was investigating into the death of Xylo. His investigation revealed that
Xylo before his death had handed an important piece of document to Yuppie. Inspector
Arun contacted Yuppie by phone and ordered Yuppie to come to the police station so that
he could record a statement from him and also for Yuppie to produce the aforesaid
document. Yuppie refused to comply with Inspector Aruns order.
What could Inspector Arun do in the circumstance?

3 At the Sessions Court, DPP Cerdik seeks to tender the complainants information which
was lodged as a police report during the trial involving an offence of rape under section
376 of the Penal Code. The defence counsel challenges its admissibility on the grounds
that it has not been lodged pursuant to established criminal procedure and that it is not a
first information report.
Advise Cerdik on:
i The relevant criminal procedure regulating the lodging of the information as
a police report;
ii The admissibility of the information at the trial in the Sessions Court; and
iii The scope, purpose and usefulness of a first information report.

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4 What would be the issues which a Magistrate has to take into consideration before issuing
a remand order pursuant to section 117 CPC?

TUTORIAL 7
Office of the Public Prosecutor and his Powers.

1 Who is the Public Prosecutor (PP)?

In exercise of his powers, should the PP exercise it personally?
2 Who are the officials who can conduct prosecution of a criminal case? How about
criminal appeals?
3 How does the PP control the conduct of prosecution in the subordinate courts throughout
the country?
4 How would the PP exercise his powers when:
a Preferring a charge
b Conducting prosecution
c Discontinuing prosecution
5 Kecil, aged 18 years, was arrested pursuant to information received by the police and he
was found to be in possession of a firearm. His parents seek your legal advice and they
wish to know if he can be prosecuted for a less serious offence which does not carry the
death penalty. How would you advice his parents?
6 When is a criminal proceeding instituted?
How does the PP control the institution of prosecution for criminal offences?
When is a consent or sanction of the PP required before a criminal proceeding is
instituted in court?
What is the consequence if the said consent or sanction of the PP is not obtained before
institution of criminal prosecution?
Are there in fact any differences between a sanction and consent?

TUTORIAL 8

Initiation of criminal proceedings

1. How would the PP initiate a criminal proceeding in court?

When does the court take cognizance of a criminal offence?
Once the court takes cognizance of a criminal offence, what would be the consequential
order to be made by the court?

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What if the court does not take cognizance of a criminal offence?

2. Raja was slapped and kicked by his wife Ranee. Raja is too embarrassed to report the
said incident to the police. As such, he wishes to lodge a report with the resident
Magistrate at his home town at Telok Datok, Banting, Selangor.
Would he be able to do so? If so, what is the procedure?
3. How would a Law Enforcement Officer, who is also a public officer at the Employees
Provident Fund Board (EPF) initiate a criminal proceeding against an errant employer
who had contravened the EPF Act 1951 by failing to contribute provident fund payment
to the EPF for his employees for a considerable period of time?
4. Adil works offshore at an Oil Refinery in Kerteh, Terengganu. Recently he came back to
his home town at Seremban, Negeri Sembilan to celebrate Aidil Fitri with his family. One
fine day when he was travelling to Kuala Lumpur, he was caught speeding on the
Highway not by a Law Enforcement Officer but by a snapshot via the AES. Sometime
later when he had returned to work he was informed that a traffic summons was issued in
his name and he is due to appear at the Magistrates Court, Kajang, Selangor. It would be
difficult for him to take leave and attend the said court proceeding. You are his friend as
you were together at MMU and he now seeks your legal advice. What would be your
immediate legal advice?

TUTORIAL 9

Charges

1 A charge for the purpose of a criminal trial is decided inter alia to be:
a foundation for the case against the accused;
b important notice on the allegation against the accused;
c relevant for the accused to prepare his defense;
d fundamental to the court trying the accused to adhere to it closely so as to only allow

relevant and admissible evidence against him;

e guide to the prosecution when adducing evidence to support a case against the

accused.

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Premised on the above evaluate the applicability of the principles when drafting a

charge against an accused. You may take any one penal offence as an exercise to

draft a charge.

2 The CPC contains provisions on joinder of offences and joinder of offenders.

Evaluate the significance of these provisions in promoting a speedy trial against an

accused without any form of compromise on the fundamental principle of justice.

3 Although section 158 CPC (taken together with other related provisions like section 156,

159, 160, 161, 162 CPC) read together with Article 145 (3) FC allows the prosecution to

amend a charge preferred against an accused, it cannot be done willy-nilly.

Discuss the guiding principles applicable to such a process in a criminal trial.
4 On 1st October 2014 at about 11.30 p.m., Amin lodged a police report at the Alor Gajah

police station alleging that his car No. MAC 4585 which he had parked in front of his

house at Taman Ceria, Jalan Harapan, Bandar Hilir, Malacca at about 9.30 p.m. was

stolen. Amin also stated in his police report that his neighbor, Hisan saw Agus, the

security guard lurking suspiciously around the car at about 8.00 p.m. earlier on that day.
On 3rd October at about 6.00 p.m., Aguswas found at his house at Taman Rezeki,

JalanSetia, Jasin, Malacca together with car No. MAC 4585 parked in front of his house.

He was then arrested on suspicion of possession of a stolen motorcar.

On completion of the police investigations, the DPP directed Agus to be charged. Based

on the above facts:

i Draft a proper charge against Agus.
ii On the assumption that Agus had already been charged in the Magistrates Court

at Kuala Lumpur for the offence of outraging modesty of one Zarina on 25 th July

2014, at about 4.00 p.m. along Jalan Raja Laut, Kuala Lumpur and the trial is still

pending, would it be possible for the DPP to apply for a joint trial for both the

charges? Discuss with reference to relevant statutory provisions and decided

cases.

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5 Your client has been charged as follows:

That you, Ravi s/o Samy, between January 2014 and February 2014 in Taman Kupu-

Kupu at Melaka Raya, Melaka raped Miss Kristina and assault the same with intent to

outrage her modesty and you have thereby committed offences punishable under section

376 and 354 of the Penal Code.

You have to object to the charge preferred against your client. What will be your

basis to object?
6 At the end of prosecution case before delivery of judgment by the Magistrate, DPP

applies for an amendment to the charge against the accused. He submits that the original

charge under section 379A of the Penal Code for an offence of theft of motor cycle

cannot be proved by the available evidence but there is sufficient evidence for the court to

call for defense on a charge for an offence of retaining stolen property under section 411

of the Penal Code. The DPP now prays to the Court to amend the charge. The Defense

Counsel objects to the application made by the DPP as it will prejudice the accused.
What are the factors that will be taken into consideration by the court when

considering the submission by the DPP? Discuss.

When preparing for the issues on charges as above, please be mindful of the following
questions:

a What is a charge? Who frames a charge?

b What are the general rule pertaining to charges?
c What is the effect of error or omission in the charge?
d When may a charge be amended?
e Does section 158 CPC impose a duty upon the court to amend or alter charges?
f What happens after the charge is amended?
g Can the Appellate Court amend a charge at the appellate stage?
h Can a person be convicted of an offence he is not charged with?
i What is the effect of duplicity of charges?
j What is the effect of misjoinder of charges?
k What are the exceptions to the general rule that a single charge be tried in one trial?
l What is mutual cumulation?

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TUTORIAL 10

Inquiries of Deaths

1. On Coroner:-
(a) Who is coroner? Distinguish with Magistrate.
(b) States jurisdiction of coroner in Malaysia?
(c) Duty of coroner?
(d) What do you understand about the powers of coroner?

2. On Inquiries of Deaths:-
(a) What is Inquest?
(b) Distinguish the coroners terms of reference in inquest with other criminal trial.
(c) When coroners jurisdiction will be invoked?
(d) What are the roles of investigation officer?
(e) What are the roles of government medical officer?
(f) Differentiate between section 333, 334 and 337 of CPC.
(g) Does section 51 and 51A applies in inquest?
(h) Explain the applicability on the rules of evidence in inquest.
(i) What are the verdicts that can be made by the coroner?
(j) Can the verdicts be reviewed?

3. Ancillary matters:-
(a) Explain the rights of the deceaseds family members in inquest?
(b) Powers of coroner on contempt?

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