LAWS OF MALAYSIA

ONLINE VERSION OF UPDATED

TEXT OF REPRINT

Act 297

PREVENTION OF CRIME ACT 1959

As at 1 January 2018
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PREVENTION OF CRIME ACT 1959

First enacted … … … … 1959 (F.M. Ordinance

No. 13 of 1959)

Revised … … … 1983 (Act 297 w.e.f.

19 January 1984)

Latest amendment made by

Act A1549, P.U. (A) 383/2017
and P.U. (A) 384/2017
which came
into operation on … … … 15 December 2017

PREVIOUS REPRINT

First Reprint … … … … 2001

Second Reprint … … … … 2006

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LAWS OF MALAYSIA

Act 297

PREVENTION OF CRIME ACT 1959

ARRANGEMENT OF SECTIONS

Section

1. Short title
2. Interpretation

PART I

POWERS OF ARREST AND REMAND

3. Arrest and production before a Magistrate

4. Procedure before Magistrate
4A. Report of investigation to be submitted to Inquiry Officer, etc.
5. (Deleted)
6. (Deleted)
7. Release of person remanded in custody
7A. Special procedures relating to electronic monitoring device
7B. Prevention of Crime Board

PART II

INQUIRIES

8. Appointment of Inquiry Officers

 4 Laws of Malaysia ACT 297

Section
9. Duties and powers of Inquiry Officers
9A. Access by Inquiry Officer to detainees or prisoners
10. Report of Inquiry Officer
10A. Decision of the Board
11. (Deleted )

PART III

REGISTRATION

12. Registration of persons believed to be members of any of the registrable

categories
13. Person to be registered to attend before a police officer
14. Removal of name from the Register

PART IV

CONSEQUENCES OF REGISTRATION

15. Police supervision

15A. Special procedure relating to electronic monitoring device by order of the Board
15B. Judicial review of act or decision of Board
16. Registered person not to consort with other registered persons
17. Double penalties for crimes of violence
18. Loitering by a registered person in a public place, etc.
19. Harbouring

PART IVA

DETENTION ORDERS

19A. Detention orders

19B. Validity of detention orders
19C. Suspension of detention orders
19D. Effect on term of imprisonment
 Prevention of Crime 5

Section

19E. Power to order removal

19F. Power to order production of detained person
19G. Saving in respect of prosecution of persons detained
19H. Board’s power to revoke supervision order, detention order, suspended detention
order or direction for extension of any such order

PART V

GENERAL
20. Powers of police to investigate
20A. Arrest
21. Taking of photographs and finger impression
21A. Disclosure of information
22. Power to amend Schedules
23. Regulations
FIRST SCHEDULE
SECOND SCHEDULE
THIRD SCHEDULE
FOURTH SCHEDULE
 7

LAWS OF MALAYSIA

Act 297

PREVENTION OF CRIME ACT 1959

An Act to provide for the more effectual prevention of crime

throughout Malaysia and for the control of criminals, members of
secret societies, terrorists and other undesirable persons, and for
matters incidental thereto.

[1 April 1959, L.N. 85/1959]

WHEREAS action has been taken and further action is threatened by a

substantial body of persons both inside and outside Malaysia to cause,
or to cause a substantial number of citizens to fear, organized violence
against persons or property;

AND WHEREAS Parliament considers it necessary to stop such action;

NOW, THEREFORE, pursuant to Article 149 of the Federal Constitution IT

IS ENACTED by the Parliament of Malaysia as follows:

Short title

1. (1) This Act may be cited as the Prevention of Crime Act 1959.

(2) This Act shall apply throughout Malaysia.

Interpretation

2. (1) In this Act, unless the context otherwise requires—

8 Laws of Malaysia ACT 297

“Board” means the Prevention of Crime Board established under

section 7B;

“district, mukim, town or village” means the land included in any

district, mukim, town or village under the provisions of any law for the
time being in force relating to land;

“Inquiry Officer” means an officer appointed by the Minister under

section 8;

“Register” means the register kept by the Registrar under section 12;

“registered person” means a person whose name is entered on the

Register;

“registrable categories” means any of the categories prescribed in the

First Schedule;

“Registrar” means the Registrar of Criminals appointed under

section 3 of the Registration of Criminals and Undesirable Persons Act
1969 [Act 7];

“terrorist” has the same meaning assigned to it by the Penal Code

[Act 574].

(2) References to the supervision of the police shall be construed as

references to the obligations imposed upon persons subject to police
supervision under section 296 of the Criminal Procedure Code [Act 593].

PART I

POWERS OF ARREST AND REMAND

Arrest and production before a Magistrate

3. (1) A police officer may, without a warrant, arrest any person if

he has reason to believe that grounds exist which would justify the
holding of an inquiry into the case of that person under this Act.
 Prevention of Crime 9

(1A) When a person is arrested under subsection (1), the case shall
be referred by the police officer to the Public Prosecutor for direction
not later than seven days from the date of arrest.

(2) Any person arrested under subsection (1) shall, unless sooner
released, be taken without unreasonable delay, and in any case within
twenty-four hours (excluding the time of any necessary journey) before
a Magistrate.

Procedure before Magistrate

4. (1) Whenever any person is taken before a Magistrate under

subsection 3(2) the Magistrate shall—

(a) on production of a statement in writing signed by a police

officer not below the rank of Inspector stating that there are
grounds for believing that the name of that person should be
entered on the Register, remand the person in police custody
for a period of twenty-one days; or

(b) if no such statement is produced, and there are no other

grounds on which the person is lawfully detained, direct his
release.

(2) Any person remanded under paragraph (1)(a) shall, unless

sooner released, on or before the expiry of the period for which he is
remanded be taken before a Magistrate, who shall—

(a) on production of —

(i) a statement in writing signed by the Public Prosecutor

stating that in his opinion sufficient evidence exists to
justify the holding of an inquiry under section 9; and

(ii) 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 under section 9,
10 Laws of Malaysia ACT 297

order the person to be remanded in custody for a period of

thirty-eight days; or

(b) if no such statements are produced, and there are no other

grounds on which the person is lawfully detained, direct his
release.

(2A) No person shall be arrested and detained under this section

solely for his political belief or political activity.

(3) Except as provided in subsection 9(5), section 28A of the

Criminal Procedure Code shall apply to any person remanded under
section 4.

(4) The Public Prosecutor may appear in any application made

under this section.

(5) 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 Malaysia; or

(c) the pursuit of a course of action directed towards any

government in Malaysia.
 Prevention of Crime 11

Report of investigation to be submitted to Inquiry Officer, etc.

4A. The police officer making an investigation pertaining to a

person arrested under subsection 3(1) shall cause a copy of the
complete report of the investigation to be submitted to an Inquiry
Officer and the Board, within such period as may be prescribed by the
Minister.

5. (Deleted by Act A1459).

6. (Deleted by Act A1549).

Release of person remanded in custody

7. (1) Any person remanded in custody under section 4 may, at any

time, be taken before a Sessions Court Judge who, if there are no other
grounds on which the person is lawfully detained—

(a) shall direct his release if there is produced to him a statement

in writing signed by a police officer not below the rank of
Assistant Superintendent stating that it is not intended to
continue with an inquiry into the case of that person under
section 9; or

(b) in any other case, on the application of a police officer may

direct his release subject to—

(i) the execution by the person of a bond, with or without

sureties, for his due appearance at such place and at
such time and within such period not exceeding fifty-
nine days, as the Sessions Court Judge may direct; or

(ii) the supervision of the police for such period not

exceeding fifty-nine days as the Sessions Court Judge
may direct.
12 Laws of Malaysia ACT 297

(2) If a person is released under paragraph 7(1)(b), an electronic

monitoring device shall be attached on the person in accordance with
subsections (3) and (4).

(3) If the police officer intends to release the person under

paragraph (1)(b) and attach an electronic monitoring device on the
person upon his release, he shall submit a report to the Public
Prosecutor before the application under paragraph (1)(b) is made.

(4) Upon receipt of the report under subsection (3), the Public
Prosecutor may apply to the Sessions Court Judge for the person
to be attached with an electronic monitoring device in accordance
with section 7 A for the period of his release as allowed under
paragraph (1)(b).

Special procedures relating to electronic monitoring device

7A. (1) Upon application by the Public Prosecutor under section 7, the
Sessions Court Judge shall order the person to be attached with an
electronic monitoring device for a period as the Sessions Court Judge
may determine but which shall not exceed the period of his release as
allowed under paragraph 7(1)(b).

(2) The Sessions Court Judge shall explain the operation of the
electronic monitoring device and the terms and conditions of the
electronic monitoring device as specified in the form as specified in
the Third Schedule to the person.

(3) The person shall sign a form as specified in the Third Schedule
and deposit the form with the Sessions Court Judge.

(4) The person shall be attached with an electronic monitoring

device by a police officer.

(5) The person shall comply with all the terms and conditions of
the electronic monitoring device as specified in the form as specified
in the Third Schedule and shall report to the nearest police station at
such time as specified in the form.
 Prevention of Crime 13

(6) Any person who fails to comply with the terms and conditions
under subsection (5) shall be guilty of an offence and liable to
imprisonment for a term not exceeding three years.

(7) Any person who tampers with, damages, destroys or loses the
electronic monitoring device or any other device used in relation to the
operation of the electronic monitoring device shall be guilty of an
offence and liable to imprisonment for a term not exceeding *three
years, and such person shall be liable to pay for any damage to or loss
of the electronic monitoring device or any other device used in relation
to the operation of the electronic monitoring device, and the court may
direct that in default of payment for the damage or loss the person shall
suffer imprisonment for a term not exceeding three years.

(8) Upon expiry of the period referred to in subsection (1), the

person shall report to the nearest police station for removal of the
electronic monitoring device.

Prevention of Crime Board

7B. (1) A Prevention of Crime Board is established which shall consist

of the following members to be appointed by the Yang di-Pertuan
Agong:

(a) a Chairman, who shall be a legally qualified person with at

least fifteen years experience in the legal field;

(b) a Deputy Chairman; and

(c) not less than three and not more than six other members.

*
NOTE—Previously “not exceeding three years and such person shall be liable to pay for any damage to
the electronic monitoring device arising from his action”–see the Prevention of Crime (Amendment) Act
2017 [Act A1549].
14 Laws of Malaysia ACT 297

(2) Every member of the Board shall, unless he sooner resigns,

hold office for a period not exceeding three years and is eligible for re-
appointment.

(3) Every member of the Board may at any time resign his office
by giving notice in writing to the Yang di-Pertuan Agong.

(4) The appointment of any member of the Board may at any time
be revoked by the Yang di-Pertuan Agong.

(5) The quorum for any sitting of the Board shall be three
members.

(6) Subject to this Act, the Board shall determine its own
procedure.

(7) Every member of the Board shall be deemed to be a public

servant within the meaning of the Penal Code.

PART II

INQUIRIES

Appointment of Inquiry Officers

8. The Minister may, by writing under his hand, appoint any person
by name or office, and either generally or for any particular case, to be
an Inquiry Officer for the purposes of this Act: provided that no police
officer shall be appointed to be an Inquiry Officer.

Duties and powers of Inquiry Officers

9. (1) Upon receiving a complete report of the investigation under

section 4A, an Inquiry Officer shall inquire and report in writing to the
Board whether there are reasonable grounds for believing that the
person is a member of any of the registrable categories.
 Prevention of Crime 15

(2) An inquiry held under subsection (1) shall be held in such

manner and in accordance with such procedure as the Board may
direct.

(3) An Inquiry Officer may, for the purpose of any inquiry under
this Act—

(a) procure and receive all such evidence, in any form and
whether the evidence be admissible or not under any written
law for the time being in force relating to evidence or
criminal procedure, which he may think necessary or
desirable;

(b) summon and examine witnesses on oath or affirmation, and

may, for those purposes, administer any oath or affirmation;

(c) require the production of any document or other thing in his

opinion relevant to the inquiry;

(d) if he considers it necessary in the public interest or to protect

a witness, or his family or associates, receive evidence in the
absence of the person who is the subject of the inquiry:

Provided that where any such evidence is received, the

Inquiry Officer shall communicate to the person the
substance of the evidence, so far as the Inquiry Officer may
consider it compatible with the public interest or the need to
protect a witness, or his family or associates so to do, and
shall in every such case include in any report made under
subsection 10(2) a statement of the circumstances in which
the evidence was received;

(e) give any direction as may be necessary.

(4) Any person summoned as a witness under subsection (3) who

without reasonable excuse fails to attend at the time and place
mentioned in the summons or who, having attended, refuses to answer
any question that may lawfully be put to him or to produce any
document or thing which it is in his power to produce, shall be guilty
16 Laws of Malaysia ACT 297

of an offence and liable to imprisonment for a term not exceeding six

months or to a fine not exceeding two thousand ringgit or to both.

(5) Neither the person who is the subject of the inquiry nor a
witness at an inquiry shall be represented by an advocate and solicitor
at the inquiry except when his own evidence is being taken and
recorded by the Inquiry Officer.

(6) The Public Prosecutor may appear at an inquiry to assist the

Inquiry Officer.

(7) The Minister may by regulations prescribe the allowances to be

paid to witnesses summoned under subsection (3).

Access by Inquiry Officer to detainees or prisoners

9A. (1) Notwithstanding any other written law, an Inquiry Officer

conducting an inquiry under this Act shall be allowed to have access
to any person whom he has reason to believe to be connected to or has
any evidence of any offence who is—

(a) being detained under any other written law; or

(b) under confinement in prison, whether convicted or not.

(2) Nothing in this section shall authorize the attendance of the

subject of the inquiry or his advocate and solicitor or representative, if
any, at the place of detention or prison.

Report of Inquiry Officer

10. (1) If the Inquiry Officer is satisfied that there are no sufficient
grounds for believing that the person who was the subject of the
inquiry is a member of any of the registrable categories, he shall report
his finding, together with his reasons for it, to the Board.
 Prevention of Crime 17

(2) If the Inquiry Officer is satisfied that there are reasonable

grounds for believing that the person who was the subject of the
inquiry is a member of any of the registrable categories, he shall report
the grounds, together with his finding, to the Board.

(3) (Deleted by Act A1549).

(4) (Deleted by Act A1549).

Decision of the Board

10A. (1) Where the Board, after considering the finding of the
Inquiry Officer submitted under subsection 10(1) and the complete
report of the investigation submitted under section 4A, is satisfied
that—

(a) there are no sufficient grounds for believing that the person
is a member of any of the registrable categories, the Board
shall confirm the finding; or

(b) there are reasonable grounds for believing that the person
is a member of any of the registrable categories, the Board
shall reverse the finding.

(2) Where the Board, after considering the finding of the Inquiry
Officer submitted under subsection 10(2) and the complete report of
the investigation submitted under section 4A, is satisfied that—

(a) there are reasonable grounds for believing that the person
is a member of any of the registrable categories, the Board
shall confirm the finding; or

(b) there are no sufficient grounds for believing that the person
is a member of any of the registrable categories, the Board
shall reverse the finding.
18 Laws of Malaysia ACT 297

(3) If the Board makes a decision under paragraph (1)(b) or (2)(a),

the Board shall proceed in accordance with Parts III, IV and IVA of
this Act.

(4) If the Board makes a decision under paragraph (1)(a) or (2)(b),

and the person who was the subject of the inquiry is still in custody,
the Board shall direct any person having the custody of that person,
within twenty-four hours from the receipt of the direction, to produce
the person before a Sessions Court Judge, who shall thereupon
discharge the order of remand and, if there are no other grounds on
which the person is lawfully detained, shall order his immediate
release.

11. (Deleted by Act A1549).

PART III

REGISTRATION

Registration of persons believed to be members of any of the

registrable categories

12. (1) The Registrar shall keep a Register for the purposes of this
Act, in which shall be entered the name of every person who was the
subject of the inquiry against whom the Board has reversed the finding
under paragraph 10A(1)(b) or confirmed the finding under paragraph
10A(2)(a) together with such other particulars as may be prescribed by
the Minister.

(2) The Board may, if it considers in the interest of public order or

security to do so, with or without inquiry under this Act direct the
Registrar to enter in the Register the name, and such other particulars
as may be prescribed, of any person who is a member of any of the
registrable categories prescribed in Part II of the First Schedule.
 Prevention of Crime 19

Person to be registered to attend before a police officer

13. (1) Any police officer of or above the rank of Inspector may, by
order in writing, direct the attendance before him at such time and
place as may be specified in the order of any person whose name is
required to be entered in the Register, for the purpose of—

(a) taking the finger impressions and photograph of the person;

(b) obtaining any other particulars relating to the person as may

be prescribed or as may be necessary for effecting any such
registration.

(2) If any person fails to attend as so directed a police officer may

report the failure to a Magistrate who shall thereupon issue a warrant
to secure the attendance of that person as required.

Removal of name from the Register

14. The Board may at any time in its discretion direct the Registrar to
remove the name of any person from the Register, and thereupon the
person shall cease to be a registered person, unless his name is
subsequently re-entered in the Register in accordance with section 12.

PART IV

CONSEQUENCES OF REGISTRATION

Police supervision

15. (1) The Board may by order direct that any registered person
named in the order shall be subject to the supervision of the police for
any period not exceeding five years, if the Board is satisfied that it is
necessary that control and supervision be exercised over the registered
person but that it is not necessary to detain him and may renew any
such order for a further period not exceeding five years at a time; and
the registered person shall be conveyed under police escort to the State,
20 Laws of Malaysia ACT 297

district, mukim, town or village in which he is required to reside under

subsection (2), if any.

(2) Any person placed under the supervision of the police by order
made under this section shall also be subject to all or any of the
following restrictions and conditions, as the Board may by order direct:

(a) he shall be required to reside within the limits of any State,

district, mukim, town or village specified in the order;

(b) he shall not be permitted to transfer his residence to any other

State, district, mukim, town or village, as the case may be,
without the written authority of the Chief Police Officer of
any State concerned;

(c) except so far as may be otherwise provided by the order, he

shall not leave the State, district, mukim, town or village
within which he resides without the written authority of the
Chief Police Officer of the State concerned;

(d) he shall at all times keep the Officer in Charge of the Police
District in which he resides notified of the house or place in
which he resides;

(e) he shall be liable, at such time or times as may be specified

in the order, to present himself at the nearest police station;

(f) he shall remain within doors, or within such area as may be

defined in the order, between such hours as may be specified
in the order, unless he obtains special permission to the
contrary from the Officer in Charge of the Police District;

(g) except so far as may be otherwise provided by the order, he

shall not be permitted to enter any State, district, mukim,
town or village specified in the order;

(h) he shall use only equipment and facilities of communication

which are declared to and approved by the Chief Police
Officer of any State concerned;
 Prevention of Crime 21

(i) except so far as may be otherwise provided by the order, he

shall not access the internet;

(j) he shall keep the peace and be of good behaviour;

(k) he shall enter into a bond, with or without sureties as the

Board may direct and in such amount as may be specified in
the order, for his due compliance with the restrictions and
conditions imposed on him by the order;

(l) he shall be attached with an electronic monitoring device.

(3) The Board may, by order in writing, served on the registered

person, vary, cancel or add to any restrictions and conditions imposed
under this section.

(4) A registered person who contravenes or fails to comply with

any order or restriction or condition imposed on him under this section
shall be guilty of an offence and shall be liable to imprisonment for a
term not exceeding ten years and not less than two years.

(5) Any person who conspires with, abets or assists any registered
person to breach any restriction or condition under this section shall be
guilty of an offence and shall be liable to imprisonment for a term not
exceeding ten years and not less than two years.

(6) Sections 173A and 294 of the Criminal Procedure Code shall
not apply in respect of offences under subsections (4) and (5).

(7) The punishment imposed under subsection (4) and any term of
imprisonment imposed under any written law shall not be taken into
consideration for the purpose of the period of supervision imposed
under subsection (1) and the period of supervision shall be continued
from the date of completion of the sentence of imprisonment imposed.
22 Laws of Malaysia ACT 297

Special procedure relating to electronic monitoring device by

order of the Board

15A. (1) Upon the making of an order by the Board under paragraph
15(2)(l), the police officer shall explain the operation of the electronic
monitoring device and the terms and conditions of the electronic
monitoring device to the person.

(2) The person shall sign a form as specified in the Fourth Schedule
and comply with all the terms and conditions as specified in the form
and deposit the form with the officer in charge of the police district.

(3) The person shall be attached with an electronic monitoring

device by a police officer.

(4) The person shall report to the nearest police station at such time
as specified in the form.

(5) Any person who fails to comply with the terms and conditions
of the electronic monitoring device under subsection (2) shall be guilty
of an offence and liable to imprisonment for a term not exceeding three
years.

(6) Any person who tampers with, damages, destroys or loses the
electronic monitoring device or any other device used in relation to the
operation of the electronic monitoring device shall be guilty of an
offence and liable to imprisonment for a term not exceeding three
years, and such person shall be liable to pay for any damage to or loss
of the electronic monitoring device or any other device used in relation
to the operation of the electronic monitoring device, and the court may
direct that in default of payment for the damage or loss the person shall
suffer imprisonment for a term not exceeding three years.

(7) Upon expiry of the period referred to in the order, the person
shall report to the nearest police station for removal of the electronic
monitoring device.
 Prevention of Crime 23

Judicial review of act of decision of Board

15B. (1) There shall be no judicial review in any court of, and no
court shall have or exercise any jurisdiction in respect of, any act done
or decision made by the Board in the exercise of its discretionary power
in accordance with this Act, except in regard to any question on
compliance with any procedural requirement in this Act governing
such act or decision.

(2) In this Act, “judicial review” includes proceedings instituted by

way of—

(a) an application for any of the prerogative orders of

mandamus, prohibition and certiorari;

(b) an application for a declaration or an injunction;

(ba) a writ of habeas corpus; and

(c) any other suit, action or other legal proceedings relating to

or arising out of any act done or decision made by the Board
in accordance with this Act.

Registered person not to consort with other registered persons

16. (1) No registered person shall consort or habitually associate

with any other registered person without the permission of the Officer
in Charge of the Police District in which he resides, unless he shall
prove that he did not know and had no reason to suspect that such other
person was a registered person.

(2) Any person who contravenes this section shall be guilty of an

offence and shall be liable to imprisonment for a term not exceeding
fifteen years and not less than five years.
24 Laws of Malaysia ACT 297

Double penalties for crimes of violence

17. Any registered person who is convicted of any offence committed

after the date of the entry of his name on the Register under the
provisions of any law specified in the Second Schedule shall be liable
to imprisonment for a term of twice as long as the maximum term for
which he would have been liable on conviction for that offence, and
also to whipping.

Loitering by a registered person in a public place, etc.

18. Any registered person who—

(a) is found between the hours of sunset and sunrise

frequenting or loitering in or about any public place or in
the neighbourhood of any place of public entertainment; or

(b) at any time is found in the company of two or more

registered persons; or

(c) at any time is found in or near any place in which any act
of violence or breach of the peace is being or has just been
committed,

and who is unable satisfactorily to account for his presence at such

place or time or in such company shall be guilty of an offence and
liable to imprisonment for a term not exceeding five years or to a fine
not exceeding ten thousand ringgit or to both.

Harbouring

19. (1) Any person who knowingly conceals or harbours any person
who enters any State, district, mukim, town or village in contravention
of any order under section 15 shall be guilty of an offence and liable to
imprisonment for a term not exceeding five years or to a fine not
exceeding ten thousand ringgit or to both: provided that this subsection
 Prevention of Crime 25

shall not apply to the case of a wife harbouring or concealing her

husband or a husband harbouring or concealing his wife.

(2) Any person aware of the presence in any State, district, mukim,
town or village of any person, not being the husband or wife of the
first-mentioned person, who has been ordered not to enter the State,
district, mukim, town or village or has been ordered to reside in any
other State, district, mukim, town or village, and being aware also of
the making of the order, shall in the absence of reasonable excuse,
proof whereof shall lie on him, forthwith give information thereof to
the nearest police officer or Magistrate, and in default of his so doing
shall be guilty of an offence and liable to imprisonment for a term not
exceeding three years or to a fine not exceeding five thousand ringgit
or to both.

PART IVA

DETENTION ORDERS

Detention orders

19A. (1) The Board may direct that any registered person be detained
under a detention order for a period not exceeding two years, and may
renew any such detention order for a further period not exceeding two
years at a time, if it is satisfied that such detention is necessary in the
interest of public order, public security or prevention of crime.

(2) (Deleted by Act A1549).

(3) Every registered person detained in pursuance of a detention

order shall be detained in such place (hereinafter referred to as a “place
of detention”) as the Board may direct and in accordance with any
instructions issued by the Board and any regulations made under
section 23.

(4) A copy of every detention order made by the Board under

subsection (1) shall as soon as may be after the making of the order be
served on the person to whom it relates, and every such person shall be
26 Laws of Malaysia ACT 297

entitled to make representations to an Advisory Board constituted

under Clause (2) of Article 151 of the Federal Constitution in
accordance with the prescribed procedures.

Validity of detention orders

19B. No detention order shall be invalid or inoperative by reason—

(a) that the person to whom it relates—

(i) was immediately after the making of the detention

order detained in any place other than a place of
detention referred to in subsection 19A(3);

(ii) continued to be detained immediately after the

making of the order in the place in which he was
detained under section 3 before his removal to a place
of detention referred to in subsection 19A(3); or

(iii) was during the duration of the order on journey in

police custody or any other custody to a place of
detention referred to in subsection 19A(3); or

(b) that the detention order was served on him at any place
other than the place of detention referred to in subsection
19A(3), or that there was any defect relating to its service
upon him.

Suspension of detention orders

19C. (1) The Board may, at any time, direct that the operation of any
order under section 19A be suspended subject to all or any of the
restrictions and conditions which the Board is empowered by
subsection 15(2) to impose by an order under section 15, and subject,
if the Board so directs, to the requirement that the person against whom
the order under section 19A was made shall enter into a bond as
provided in subsection 15(2).
 Prevention of Crime 27

(2) Where an order under section 19A is suspended, subsection 15(3)

shall have effect as if the restrictions and conditions on which the order
under section 19B is suspended were restrictions and conditions
imposed by an order under section 15.

(3) The Board may revoke the suspension of any detention order
under section 19A if it is satisfied that the person against whom the
order was made has failed to observe any restriction or condition
imposed upon him or that it is necessary in the interest of public order
that the suspension should be revoked, and in any such case the
revocation of the suspension shall be sufficient authority to any police
officer to re-arrest without warrant the person against whom the order
was made, and that person shall, as soon as practicable, be returned to
his former place of detention or, if the Board so directs, sent to another
place of detention.

(4) The suspension of any order under this section shall, subject to
subsection 15(3) as applied by subsection (2) and subject also to
subsection (3), continue in force for the unexpired portion of the period
of the order specified in subsection 19A(1).

Effect on term of imprisonment

19D. Where a person—

(a) who is undergoing detention under section 19A is sentenced

to any term of imprisonment under this Act or any other
written law; or

(b) has his period of detention renewed under section 19A

whilst he is serving any such term of imprisonment,

the detention or extended detention shall be deemed to be undergone

concurrently with that term of imprisonment, and if upon completion
of any such term of imprisonment, there still remains any unexpired
portion of the detention period or of the extended detention period, he
shall be required to be detained for such unexpired portion thereof.
28 Laws of Malaysia ACT 297

Power to order removal

19E. (1) The Board may order direct the removal from any place of
detention to another place of detention to be specified in such order of
any person detained under section 19A to be there detained for the
whole or any part of such period for which it has been ordered that
such person shall be detained.

(2) Any person who is in the course of removal under subsection (1)
shall be deemed to be in lawful custody.

Power to order production of detained person

19F. (1) On proof to his satisfaction that the presence at any place of
any person detained under section 19A, or lawfully in the custody of
the police or confined in any prison whether under section 19A or under
an order of any court or otherwise howsoever, and notwithstanding any
order of any court or other authority whatsoever, is required in the
interests of justice, or for the purpose of any public or other inquiry, or
in the national interest, or in the interests of the person detained, in
custody, or confined, the Commissioner General of Prison where the
person is detained in a place of detention or prison, or the Inspector
General of Police where the person is in the lawful custody of the
police, may order that such person be taken to that place.

(2) Any person in the course of being taken to any place under
subsection (1) and whilst at such place shall be kept in such custody as
the Commissioner General of Prison or the Inspector General of Police,
as the case may be, may direct and whilst in that custody shall be
deemed to be in lawful custody.

(3) In this section, “Commissioner General of Prison” has the

same meaning assigned to it by subsection 2(1) of the Prison Act
1995 [Act 537].
 Prevention of Crime 29

Saving in respect of prosecution of persons detained

19G. The detention of any person under this Part shall be without prejudice
to the taking of any criminal proceeding against that person, whether during
or after the period of his detention.

Board’s power to revoke supervision order, detention order,

suspended detention order or direction for extension of any such order

19H. (1) Notwithstanding anything in this Act, the Board may at any time
revoke any supervision order made under section 15, any detention order
made under section 19A, any suspended detention order made under section
19C or any direction for the extension of the duration of any such order, if
the Board deems it just or fit to do so.

(2) Any revocation under subsection (1) shall be without prejudice to the
validity of the order or direction before its revocation or to anything done
thereunder, or to the power of the Board to make a fresh supervision order
under section 15, a fresh detention order under section 19A or a fresh
direction in respect of the person against whom the order or direction which
is revoked was made or given.

PART V

GENERAL

Powers of police to investigate

20. (1) When a police officer not below the rank of Sergeant has
reason to believe that grounds exist which would justify the holding of
an inquiry into the case of any person under this Act, he or any police
officer subordinate to him and acting under his orders may investigate
the facts and circumstances of the case so far as they may be relevant to
any proceedings in respect of that person under this Act.

(2) In making any investigation under subsection (1), a police

officer may exercise all or any of the powers in relation to police
30 Laws of Malaysia ACT 297

investigations in any seizable case which are given to him by the law
for the time being in force relating to criminal procedure.

Arrest

20A. A police officer may, without a warrant, arrest any person if he

has reason to believe that the person has committed an offence against
section 16, 18 or 19 and every such offence shall be seizable and non-
bailable for the purposes of the Criminal Procedure Code.

Taking of photographs and finger impressions

21. (1) A police officer may take or cause to be taken the photograph
and finger impressions of any person arrested under subsection 3(1),
or whose name is required to be entered on the Register under
subsection 12(2), and shall send the photograph and impressions to the
Registrar for identification and report; and every such person shall be
legally bound to submit to the taking of his photographs and finger
impressions, and may be compelled thereto by the use of force if
necessary.

(2) Any person who, being legally bound under subsection (1) to
submit to the taking of his photographs or finger impressions refuses
or fails to submit thereto on demand shall be guilty of an offence and
liable to imprisonment for a term not exceeding six month or to a fine
not exceeding two thousand ringgit or to both.

(3) Whenever—

(a) any person whose photograph and finger impressions have

been taken under this section is released under section 4, 7 or
10A; or

(b) the name of any person is removed from the Register under
section 14,
 Prevention of Crime 31

the officer in charge of the case shall forthwith notify the Registrar
thereof, and the Registrar shall, upon the application of the person,
deliver to that person the sheet upon which his finger impressions have
been made, together with the negative and all copies of any photograph
taken of him and forwarded to the Registrar under this section.

Disclosure of information

21A. Nothing is this Act or in any regulations made under this Act
shall require the Board, any member of the Board, any Inquiry Officer
or any public servant to disclose facts or to produce documents which
he considers—

(a) to be against the public interest to disclose or produce; or

(b) would compromise the protection of a witness, or his

family or associates.

Power to amend Schedules

22. The Minister may, by order published in the Gazette, amend the
Schedules.

Regulations

23. (1) The Minister may make regulations for carrying out the
purposes of this Act.

(2) Without prejudice to the generality of the powers conferred by

subsection (1), the regulations may—

(a) prescribe the form of the Register, and such other forms as
may be necessary or desirable to be used in connection with
the matters dealt with in this Act or in any regulations made
thereunder;
32 Laws of Malaysia ACT 297

(b) require all or any class of registered persons to carry identity

cards, provide for the form, issue, production, inspection,
cancellation, alteration, endorsement on and replacement of
those cards, and the substitution thereof for identity cards
issued to those persons under any other written law, and for
all other matters necessary or desirable in connection with the
cards or the carrying thereof or the enforcement of the
regulations, including the prescription of penalties not
exceeding in respect of any offence a fine of five thousand
ringgit or imprisonment for a term of three years or both;

(ba) provide for the maintenance and management of places of

detention and for the discipline and treatment of persons
detained therein and different regulations may be made for
different places of detention;

(bb) provide for the administration and management of the Board,

including provisions on training for the members of the
Board;

(c) provide for any other matter which under this Act is required
or permitted to be prescribed.

(3) (Deleted by Act A1484).

_________________________________________

FIRST SCHEDULE

[Sections 2 and 22]

REGISTRABLE CATEGORIES

PART I

1. All members of unlawful societies which—

(i) use Triad ritual; or

 Prevention of Crime 33

(ii) are constituted or used for purposes involving the commission of offences
that are seizable under the law for the time being in force relating to
criminal procedure; or

(iii) maintain secrecy as to their objects.

2. Persons who belong to or consort with any group, body, gang or association of
two or more persons who associate for purposes which include the commission of
offences under the Penal Code.

3. All traffickers in dangerous drugs, including persons who live wholly or in part
on the proceeds of drug trafficking.

4. All traffickers in persons, including persons who live wholly or in part on the
proceeds of trafficking in persons.

5. All persons concerned in the organization and promotion of unlawful gaming.

6. All smugglers of migrants, including persons who live wholly or in part on the
proceeds of smuggling or migrants.

7. Persons who recruit, or agree to recruit, another person to be a member of an

unlawful society or a gang or to participate in the commission of an offence.

8. Persons who engage in the commission or support of terrorist acts under the
Penal Code.

PART II

[Subsection 12(2)]

1. All persons who, being not less than twenty-one years of age, have since
attaining the age of seventeen been convicted on at least three occasions of offences
involving dishonesty or violence.

2. All persons, who have been convicted of offences against subsection 52(3) of
the Societies Act 1966 [Act 335].

3. (Deleted by P.U. (A) 122/2014).

4. (Deleted by P.U. (A) 122/2014).

_______________
34 Laws of Malaysia ACT 297

SECOND SCHEDULE

[Sections 17 and 22]

1. Offences under sections 42, 43, 44 and 52 of the Societies Act 1966.

2. Offences under the Penal Code [Act 574], as follows:

Sections 323, 324, 325, 327, 332, 333, 346, 347, 352, 353, 356, 357, 365, 379,
379A, 384 to 387, 392 to 397, 399, 401, 402, 427, 435, 447, 448, 450 to 453,
455,457 to 457A , 506, 507 and Chapters V and VIB and section 511.

3. Offences under the Corrosive and Explosive Substances and Offensive Weapons
Act 1958 [Act 357].

4. Offences under section 4 or 4B of the Common Gaming Houses Act 1953 [Act 289].

_______________

THIRD SCHEDULE

[Section 7A]

FORM

ELECTRONIC MONITORING DEVICE

IN THE SESSIONS COURT AT …………………. IN THE STATE OF ………….………..

Dated ……………………..

1. Name: …………………………………………………………………………...

2. Case No.: ………………………………………………………………………..

3. Identity Card No.: ……………………………………………………………….

4. Address:…………………………………………………………………………
…………………………………………………………………...………………
…………………………………………………………………………………...

5. Telephone No.: ………………………………………………………………….

6. Family members to be contacted:……………………………………………….

…………………………………………………………………………………...
 Prevention of Crime 35

7. Period to be attached with electronic monitoring device (“device”): …………..

8. Terms and conditions:

(a) to report to the nearest police station at/for every ……………………..;

(b) understands that all movements will be tracked and retained as an official
record;

(c) agrees to be required to report for device equipment checks if necessary;

(d) to notify the police officer if there is any change of address;

(e) to allow inspections of the device by the police officer;

(f) to report to the………………. police station for removal of the device;

(g) to return all the device equipment to the police officer;

(h) to submit to procedures required by the police officer;

(i) to maintain the device as instructed by a police officer including to ensure

that the device is charged and activated all the times;

(j) to install the beacon in the house or premises where he is staying;

(k) to ensure the device is not loss, damaged, tampered with or destroyed;

(l) to report immediately to a police officer if the device is lost, damaged,

tampered with or destroyed;

(m) to comply with any directions of the police officer;

(n) to comply with any other conditions as the Board may determine.

9. Failure to comply with the terms and conditions as stated in this Form is an offence
under subsection 7A(6) of the Prevention of Crime Act 1959.

I hereby agree to and shall comply with the terms and conditions as stated in this
Form.

…………………………………………......……...
( )

_______________
36 Laws of Malaysia ACT 297

FOURTH SCHEDULE

[Section 15A]

FORM

ELECTRONIC MONITORING DEVICE BY ORDER OF THE

PREVENTION OF CRIME BOARD

Dated ……………………..

1. Name:……………………………….................................…….......………..

2. Case No.:……………………………………...................……….......………

3. Identity Card No.:…………………………......................………................

4. Address:………………..…………….........................………….......……….

5. Telephone No.:……………………...............................…......……………..

6. Family members to be contacted:……….................……......……………..

7. Period to be attached with electronic monitoring device (“device”):………..

8. Terms and conditions:

(a) to report to the nearest police station at/for every………..……;

(b) understands that all movements will be tracked and retained as an official
record;

(c) agrees to be required to report for device equipment checks if necessary;

(d) to notify a police officer if there is any change of address;

(e) to allow inspections of the device by a police officer;

(f) to report to the …………….. police station for removal of the device;

(g) to return all the device equipment to a police officer;

(h) to submit to procedures required by a police officer;

(i) to maintain the device as instructed by a police officer including to ensure

the device is charged and activated at all times;
 Prevention of Crime 37

(j) to install the beacon in the house or premises where he is staying;

(k) to ensure the device is not lost, damaged, tampered with or destroyed;

(l) to report immediately to a police officer if the device is lost, damaged,

tampered with or destroyed;

(m) to comply with any directions of a police officer;

(n) to comply with any other conditions as the Board may determine.

9. Failure to comply with the terms and conditions as stated in this Form is an offence
under subsection 15A(5) of the Prevention of Crime Act 1959.

I hereby agree to and shall comply with the terms and conditions as stated
in this Form.

……………………………..
( )

Terms and conditions have been explained to the subject by:

Signature: …………………………………

Name: ……………………………………..

Police No.: ………………………………..

Rank: ………………………………………

____________________________________
38

LAWS OF MALAYSIA

Act 297

PREVENTION OF CRIME ACT 1959

LIST OF AMENDMENTS

Amending law Short title In force from

Act 26/1960 Prevention of Crime (Amendment) 30-07-1960

Act 1960

Act 6/1966 Prevention of Crime (Amendment) 27-01-1966

Act 1966

Act 13/1966 Societies Act 1966 01-02-1966

Act 23/1967 Interpretation Act 1967 18-05-1967

Act 7 Registration of Criminals and 02-05-1969

Undesirable Persons Act 1969

Act 160 Malaysian Currency (Ringgit) 29-08-1975

Act 1975

Act A324 Criminal Procedure Code (Amendment 10-01-1976

and Extension) Act 1976

Act 734 Restricted Residence (Repeal) 31-12-2011

Act 2011

Act A1459 Prevention of Crime (Amendment 02-04-2014

and Extension) Act 2014

P.U. (A) 122/2014 Prevention of Crime (Amendment 02-05-2014

of First and Second Schedule)
Order 2014

Act A1484 Prevention of Crime (Amendment) 01-09-2015

Act 2015

P.U. (A) 201/2015 Prevention of Crime (Amendment of 01-09-2015

First Schedule) Order 2015
 Prevention of Crime 39

Amending law Short title In force from

Act A1549 Prevention of Crime (Amendment) 15-12-2017

Act 2017

P.U. (A) 383/2015 Prevention of Crime (Amendment of 15-12-2017

Second Schedule) Order 2017

P.U. (A) 384/2015 Prevention of Crime (Amendment of 15-12-2017

Third Schedule) Order 2017
40

LAWS OF MALAYSIA

Act 297

PREVENTION OF CRIME ACT 1959

LIST OF SECTIONS AMENDED

Section Amending authority In force from

Long title Act A1459 02-04-2014

Act A1484 01-09-2015

Preamble Act A1459 02-04-2014

1 Act A1459 02-04-2014

2 Act A1459 02-04-2014

Act A1484 01-09-2015

3 Act A1484 01-09-2015

4 Act A1459 02-04-2014

Act A1484 01-09-2015

4A Act A1549 15-12-2017

5 Act A1459 02-04-2014

6 Act A1459 02-04-2014

Act A1549 15-12-2017

7 Act A1459 02-04-2014

7A Act A1459 02-04-2014

Act A1549 15-12-2017

7B Act A1459 02-04-2014

Act A1484 01-09-2015
Act A1549 15-12-2017

9 Act A1459 02-04-2014

Act A1484 01-09-2015
Act A1549 15-12-2017
 Prevention of Crime 41

Section Amending authority In force from

9A Act A1459 02-04-2014

10 Act A1459 02-04-2014

Act A1549 15-12-2017

10A Act A1549 15-12-2017

11 Act A1459 02-04-2014

Act A1549 15-12-2017

12 Act A1459 02-04-2014

Act A1549 15-12-2017

14 Act A1459 02-04-2014

15 Act A1459 02-04-2014

Act A1484 01-09-2015

15A Act A1459 02-04-2014

Act A1484 01-09-2015
Act A1549 15-12-2017

16 Act A1459 02-04-2014

18 Act A1459 02-04-2014

19 Act A1459 02-04-2014

PART IVA Act A1459 02-04-2014

19A Act A1459 02-04-2014

Act A1484 01-09-2015
Act A1549 15-12-2017

19B Act A1459 02-04-2014

Act A1549 15-12-2017

19C Act A1459 02-04-2014

Act A1484 01-09-2015

19D Act A1459 02-04-2014

19E Act A1459 02-04-2014

Act A1484 01-09-2015
42 Laws of Malaysia ACT 297

Section Amending authority In force from

19F Act A1459 02-04-2014

Act A1484 01-09-2015

19G Act A1484 01-09-2015

19H Act A1549 15-12-2017

21 Act A1459 02-04-2014

Act A1484 01-09-2015
Act A1549 15-12-2017

21A Act A1459 02-04-2014

22 Act A1459 02-04-2014

23 Act A1459 02-04-2014

Act A1484 01-09-2015

First Schedule Act 734 31-12-2011

P.U. (A) 122/2014 02-05-2014
P.U. (A) 201/2015 01-09-2015

Second Schedule P.U. (A) 122/2014 02-05-2014

P.U. (A) 383/2017 15-12-2017

Third Schedule Act A1459 02-04-2014

P.U. (A) 384/2017 15-12-2017

Fourth Schedule Act A1549 15-12-2017