SOSMA - not the new ISA and no death penalty...Let's understand SOSMA better?

SOSMA is again relevant, when it was disclosed that current BERSIH Chairperson is now being detained under SOSMA.

(i) Offences under Chapter VI
(ii) Offences under Chapter VIA

(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.

Preamble

PART I   PRELIMINARY 1 Short title and commencement

2 Application

3 Interpretation

PART II   SPECIAL POWERS FOR SECURITY OFFENCES 4 Power of arrest and detention

5 Notification to next-of-kin and consultation with legal practitioner

6 Power to intercept communication

PART III   SPECIAL PROCEDURES RELATING TO ELECTRONIC MONITORING DEVICE 7 Special procedures relating to electronic monitoring device

PART IV   SPECIAL PROCEDURES RELATING TO SENSITIVE INFORMATION 8 Sensitive information to be used as evidence by the Public Prosecutor

9 Notice of accused's intention to disclose sensitive information

10 Hearing of the disclosure of sensitive information by the accused

11 Sensitive information that arises during trial

PART V   TRIAL 12 Trial of security offences

13 Bail

PART VI   SPECIAL PROCEDURES RELATING TO PROTECTED WITNESS 14 Evidence of witness given in a special manner

15 Identification by witness where evidence is taken in camera

16 Protection of witness' identity

PART VII   EVIDENCE 17 Inconsistency with the Evidence Act 1950

18 Statement by any person who is dead, etc.

19 Conviction based on testimony of a child of tender years

20 Documents seized during raid or in the course of investigation

21 Evidence of identification of accused or other person

22 Search list to be admissible as evidence

23 Non-production of exhibit

24 Admissibility of intercepted communication

25 Admissibility of documents produced by computers and of statements contained therein

26 Evidence of accomplice and agent provocateur

PART VIII   MISCELLANEOUS 27 Power to record statements and confessions

28 Protection of informer

29 Access by police to detainees or prisoners

30 Detention pending exhaustion of legal process

31 Power to make regulations

32 Repeal and savings

FIRST SCHEDULE

SECOND SCHEDULE