Power of arrest and detention
(1) A police officer may, without warrant, arrest and detain any person whom he has reason to believe to be involved in security offences.
(2) A person arrested under subsection (1) shall be informed as soon as may be of the grounds of his arrest by the police officer making the arrest.
(3) No person shall be arrested and detained under this section solely for his political belief or political activity.
(4) The person arrested and detained under subsection (1) may be detained for a period of twenty-four hours for the purpose of investigation.
(5) Notwithstanding subsection (4), a police officer of or above the rank of Superintendent of Police may extend the period of detention for a period of not more than twenty-eight days, for the purpose of investigation.
(6) If the police officer is of the view that further detention is not necessary under subsection (5), the person may be released but an electronic monitoring device may be attached on the person in accordance with subsections (7) and (8) for the purpose of investigation.
(7) 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.
(8) Upon receipt of the report under subsection (7), the Public Prosecutor may apply to the Court for the person to be attached with an electronic monitoring device in accordance with the provisions in Part III for a period which shall not exceed the remainder of the period of detention allowed under subsection (5). ILLUSTRATION
D is arrested for a security offence. After twenty-four hours of detention a Superintendent of Police extended his detention for another seven days. At the expiry of the seven-day period D was released but he was still needed to assist the investigation. Upon receipt of a report from the police officer, the Public Prosecutor may apply to the Court to attach an electronic monitoring device on D. The Court may allow the electronic monitoring device to be attached to D up to a period of twenty-one days.
(9) One week before the expiry of the period of detention under subsection (5), the police officer conducting the investigation shall submit the investigation papers to the Public Prosecutor.
(10) This section shall have effect notwithstanding anything inconsistent with Articles 5 and 9 of the Federal Constitution and section 117 of the Criminal Procedure Code [Act 593].
(11) Subsection (5) shall be reviewed every five years and shall cease to have effect unless, upon the review, a resolution is passed by both Houses of Parliament to extend the period of operation of the provision.
(12) For the purpose of this section, “political belief or political activity” means engaging in a lawful activity through—
(a) the expression of an opinion or the pursuit of a course of action made according to the tenets of a political party that is at the relevant time registered under the Societies Act 1966 [Act 335] as evidenced by—
(i) membership of or contribution to that party; or
(ii) open and active participation in the affairs of that party;
(b) the expression of an opinion directed towards any Government in the Federation; or
(c) the pursuit of a course of action directed towards any Government in the Federation.
Notification to next-of-kin and consultation with legal practitioner
(1) When a person is arrested and detained under section 4, a police officer conducting investigation shall—
(a) immediately notify the next-of-kin of such person of his arrest and detention; and
(b) subject to subsection (2), allow such persons to consult a legal practitioner of his choice.
(2) A police officer not below the rank of Superintendent of Police may authorize a delay of not more than forty-eight hours for the consultation under paragraph (1)(b) if he is of the view that—
(a) there are reasonable grounds for believing that the exercise of that right will interfere with evidence connected to security offence;
(b) it will lead to harm to another;
(c) it will lead to the alerting of other person suspected of having committed such an offence but who are not yet arrested; or
(d) it will hinder the recovery of property obtained as a result of such an offence.
(3) This section shall have effect notwithstanding anything inconsistent with Article 5 of the Federal Constitution.
Power to intercept communication
(1) Notwithstanding any other written law, the Public Prosecutor, if he considers that it is likely to contain any information relating to the commission of a security offence, may authorize any police officer—
(a) to intercept, detain and open any postal article in the course of transmission by post;
(b) to intercept any message transmitted or received by any communication; or
(c) to intercept or listen to any conversation by any communication.
(2) The Public Prosecutor, if he considers that it is likely to contain any information relating to the communication of a security offence, may—
(a) require a communications service provider to intercept and retain a specified communication or communications of a specified description received or transmitted, or about to be received or transmitted by that communications service provider; or
(b) authorize a police officer to enter any premises and to install on such premises, any device for the interception and retention of a specified communication or communications of a specified description and to remove and retain such evidence.
(3) Notwithstanding subsection (1), a police officer not below the rank of Superintendent of Police may—
(a) intercept, detain and open any postal article in the course of transmission by post;
(b) intercept any message transmitted or received by any communication; or
(c) intercept or listen to any conversation by any communication,
without authorization of the Public Prosecutor in urgent and sudden cases where immediate action is required leaving no moment of deliberation.
(4) If a police officer has acted under subsection (3), he shall immediately inform the Public Prosecutor of his action and he shall then be deemed to have acted under the authorization of the Public Prosecutor.
(5) The court shall take cognizance of any authorization by the Public Prosecutor under this section.
(6) This section shall have effect notwithstanding anything inconsistent with Article 5 of the Federal Constitution.
(7) For the purpose of this section—
“communication” means a communication received or transmitted by post or a telegraphic, telephonic or other communication received or transmitted by electricity, magnetism or other means;
“communications service provider” means a person who provides services for the transmission or reception of communications.
