Title: Reviewing the chain remand practices and freedom of rights in Malaysia

Authors: Ifa Sirrhu Samsudin; Ramalinggam Rajamanickam; Rohaida Nordin

Addresses: Law Faculty, National University of Malaysia, Bangi, Selangor, Malaysia ' Law Faculty, National University of Malaysia, Bangi, Selangor, Malaysia ' Law Faculty, National University of Malaysia, Bangi, Selangor, Malaysia

Abstract: Remand for investigation is the process of detaining a person who has been arrested and gathering evidence before the accused be charged. Remand will have a tremendous impact on the routine of the individual, which denies their liberty. Thus, the purpose of this study is to explore constitutional issues relevant to chain remand practices and whether it upholds the principles deemed necessary under freedom of rights in Malaysia. The method conducted by the author is pure legal research by way of a qualitative approach. Qualitative approaches involve the use of critical and content analysis. This is because the authors critically evaluate the texts and materials obtained from the library study. Besides, content analysis will be used in the textbooks, articles, and cases decided upon considering various aspects. It can be concluded from the analysis of the provisions under section 117 Criminal Procedure Code and other remand laws, which relevant, there is evidence of infringements of the key principle assurance under Article 5 of the Federal Constitution of Malaysia. It can be recommended for the legislature to formulate laws on handling chain remand practices more effective and just.

Keywords: chain remand; pre-trial detention; Article 5 Federal Constitution; liberty; a not absolute right; criminal justice; Malaysia.

DOI: 10.1504/IJHRCS.2022.119442

International Journal of Human Rights and Constitutional Studies, 2022 Vol.9 No.1, pp.51 - 66

Received: 02 Apr 2021
Accepted: 20 Apr 2021
Published online: 05 Dec 2021 *

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