The evolution and the importance of law enforcement in malaysia

the history and evolution of law enforcement in malaysia

1. Topic 1: THE EVOLUTION & THE IMPORTANCE OF LAW ENFORCEMENT PREPARED BY: MUHAMMAD KHAIRI AIZUDDIN BIN HAMSAR BLS HONS, LL.B HONS MC/44963 - Micro Credential in Introduction to Law Enforcement

2. Learning Outcome Explain the history and evolution of law enforcement agencies and their constitutional power Malaysia (PLO1, C2) Introduction to Law Enforcement (LEA1133) 2

3. Topic 1: THE EVOLUTION OF LAW ENFORCEMENT Early history of law enforcement Introduction to policing Roots of policing in Malaysia Law enforcement in criminal justice system Introduction to Law Enforcement (LEA1133) 3

4. Early History of Law Enforcement Early Police Policing – maintaining order and dealing with lawbreakers – had always been a private matter Citizens were responsible for protecting themselves and maintaining an orderly society Fifth Century B.C, Rome created the first specialize investigative unit called questors trackers of murder Introduction to Law Enforcement (LEA1133) 4

5. Early History of Law Enforcement (cont’d) In 1828, Sir Robert Peel, England’s home secretary, drafted the first police bill and was passed by Parliament in 1829. This act established the first large-scale, uniformed, organized, paid, civil police force in London. Sir Robert Peel has become known as the founder of modern policing. The early London police were guided by Peel’s Nine Principles. Introduction to Law Enforcement (LEA1133) 5

6. Early History of Law Enforcement (cont’d) - Peel’s Nine Principles The basic mission for which the police exist is to prevent crime and disorder The ability of the police to perform their duties is dependent upon public approval of police actions. Police must secure the willing co-operation of the public in voluntary observance of the law to be able to secure and maintain the respect of the public The degree of co-operation of the public that can be secured diminishes proportionately to the necessity of the use of physical force Introduction to Law Enforcement (LEA1133) 6

7. Early History of Law Enforcement (cont’d) - Peel’s Nine Principles Police seek and preserve public favour not by catering to public opinion but by constantly demonstrating absolute impartial service to the law. Police use physical force to the extent necessary to secure observance of the law or to restore order only when the exercise of persuasion, advice, and warning is found to be insufficient. Introduction to Law Enforcement (LEA1133) 7

8. Early History of Law Enforcement (cont’d) - Peel’s Nine Principles Police, at all times, should maintain a relationship with the public that gives reality to the historic tradition that the police are the public and the public are the police, the police being only members of the public who are paid to give full-time attention to duties which are incumbent on every citizen in the interests of community welfare and existence Introduction to Law Enforcement (LEA1133) 8

9. Early History of Law Enforcement (cont’d) - Peel’s Nine Principles Police should always direct their action strictly towards their functions and never appear to usurp the powers of judiciary The test of police efficiency is the absence of crime and disorder, not the visible evidence of police action in dealing with it. Introduction to Law Enforcement (LEA1133) 9

10. Introduction to Policing What is policing? Police – an organized civil for maintaining order, preventing and detecting crime, and enforcing the laws Policing – to regulate, control, or keep in order by or as if by means of police Introduction to Law Enforcement (LEA1133) 10

11. Introduction to Policing The word police comes form the Latin word politia which means civil administration. The word politia goes back to the Greek word polis = city. The police can be seen as those involved in the administration of a city. Politia became the French word police. The English took it over and at first continued to use it to mean “civil administration.” The specific application of police to the administration of public order emerged in France in the early 18 th century. Introduction to Law Enforcement (LEA1133) 11

12. Introduction to Policing The reference to the police as a “civil authority” is very important. The police represent the civil power of government, as opposed to the military power of government. Policing refers to a subset of law enforcement that applies to the process of regulating the general health, safety, welfare, and morals of society as it relates to criminal behavior. The personnel affiliated with agencies who are engaged in policing functions can be referred to as law enforcement personnel. Introduction to Law Enforcement (LEA1133) 12

13. Root of Policing in Malaysia A police force has been in existence in Malaysia since the days of the Malacca Sultanate. Malacca’s canonical law created what was essentially a police force in Malaysia in 15 th century, through the institution of the Temenggung and Hulubalang . The Temenggung acted as the Police Chief or Inspector General of Police (IGP) His tasks were to arrest criminals, build jails and implement sentences. Introduction to Law Enforcement (LEA1133) 13

14. Root of Policing in Malaysia (cont’d) Apart from the Temenggung , there were a number of Penghulu or village chiefs who had the duty of policing their respective villages. Their main tasks included tax collection, law enforcement, and preserving village security. The Malacca police system ended when the Portuguese conquered Malacca in 1511. Police duties were then performed largely by the Portuguese soldiers. Introduction to Law Enforcement (LEA1133) 14

15. Introduction to Law Enforcement (LEA1133) 15

16. Root of Policing in Malaysia (cont’d) On 11 August 1786, Francis Light came to Penang and named the island as Prince of Wales of Island. 3 years later, the population of the Penang increased to 10,000 peoples as more immigrants came to Penang. Francis Light found the need to set up a police force to safeguard the security in Penang but his superiors in India did not agree with his opinion. However later, his superiors promoted him to the rank of Superintendent and was instructed to work alone. Introduction to Law Enforcement (LEA1133) 16

17. Root of Policing in Malaysia (cont’d) In 1787, several riots occurred in Penang. Several European sailors were involved and 2 Siamese were killed. Francis Light wrote a letter to the Governor of General East Indian Company to form new laws and form a single police force in the island but the case was also rejected. In 1972, Francis Light appointed a community leader, named “Capitan” for each race, Malay, Chinese and Chulia (people from South India) These Capitans act as magistrate in small cases. They were also in charge to govern some districts, facilatated with 5 “peons”. Introduction to Law Enforcement (LEA1133) 17

18. Root of Policing in Malaysia (cont’d) Their tasks and responsibilities of the police at that time included a variety of administration control such as water supply, registration of births, fire prevention and jail duties. Still, their primary designated job function is executor of the law. However, the Europeans became increasingly arrogant as they were independent from the local laws. In 1973, when a European got involved in a murder case, Francis Light cannot act because he had no authority to act against the Europeans. Introduction to Law Enforcement (LEA1133) 18

19. Root of Policing in Malaysia (cont’d) In 1976, Col. Arthur Wellesley stopped at Penang. He noted the matters in connection with the safety of Penang and urged the Europeans to appoint a magistrate. Finally, on March 25, 1807, a uniformed legal procedure was introduced and the local police were entrusted with law enforcement administration. Introduction to Law Enforcement (LEA1133) 19

20. Root of Policing in Malaysia (cont’d) The Straits Settlements The beginnings of a modern police force can be traced back to 1807 with the introduction of the “Charter of Justice” in Penang, which cleared the laws enforced by police. A second charter was issued in 1825 Police Force Ordinance enacted in 1871 and came into force the following year until 1942. The Ordinance placed the police forces in all three Straits Settlements (Penang, Malacca, Singapore) under one straits Settlement Police command in Singapore Introduction to Law Enforcement (LEA1133) 20

21. Root of Policing in Malaysia (cont’d) Federated Malay States The police forces in Selangor, Perak, N9, and Pahang formed between 1875 and 1888 The four forces merged as the Federated Malay States (FMS) Police Force in July 1896. It was led by a Commissioner of Police and had its headquarters at Bluff Road Hill, the present day Bukit Aman The Police Force Enactment came into force in 1924 and gave greater clarity to police’s role, functions and responsibilities Introduction to Law Enforcement (LEA1133) 21

22. Root of Policing in Malaysia (cont’d) The Unfederated Malay States The police force in Johor, Kedah, Kelantan and Terengganu were taken over from Malay and Siamese leadership by the British to help modernize and develop it to resemble the force in FMS However, the police force in Perlis was headed by Malay police chief without British stewardship Sabah and Sarawak Sarawak had the Sarawak Constabulary while Sabah had the North Borneo Police Force after Japanese Occupation Both forces were absorbed into the Royal Malaysia Force when Malaysia was formed in 1963 Introduction to Law Enforcement (LEA1133) 22

23. Root of Policing in Malaysia (cont’d) Japanese Occupation and Aftermath The local police force became the arm of the Japanese military administration during the occupation and were also used against Chinese Malayan People’s Anti-Japanese Army After the occupation, the forces were given refresher course and merged under one umbrella called the Civil Affairs Police Force in September 1945 Malayanisation Police force underwent Malayanisation in the 1950’s when Malayans replaced British in top posts including the Inspector-General of Police Introduction to Law Enforcement (LEA1133) 23

24. Root of Policing in Malaysia (cont’d) The Communist Threat and Independence The police force grew seven-fold to 161,281 personnel at the height of Emergency in 1950 where the Communist Party of Malaya wanted to take over the country. They lost 5,554 men but killed 11,222 communist terrorist Important divisions were set up under the Federation of Police including the Special Branch, the Flying Squad or Jungle Companies, VAT69, Senoi Praaq , comprising Orang Aslis , Police Volunteer Corps and Auxiliary Women. Introduction to Law Enforcement (LEA1133) 24

25. Root of Policing in Malaysia (cont’d) The Communist Threat and Independence (cont.) Five departments were established to improve organisational structure including for administration, finances, CSI, and Special Branch Service-oriented operations themed “ Operasi Bersedia Berkhidmat ” was launched on Dec 15, 1952. Became know as the Royal Federation of Malaya Police on July 24, 1958. Introduction to Law Enforcement (LEA1133) 25

26. Root of Policing in Malaysia (cont’d) Formation of the Royal Malaysia Police Became known as the Royal Malaysia Police following the formation of Malaysia in 1963. Singapore pulled out when it left the Federation in 1965. Confrontation and the May 13 Incident Police and military role was coordinated at various levels by the “war executive committees” and “operations executive committees” during the Confrontation ( Konfrontasi ) launched by Indonesia against Malaysia in 1963-1966 and during May 13 incident. Introduction to Law Enforcement (LEA1133) 26

27. Root of Policing in Malaysia (cont’d) Evolution of PDRM’s Organisation and Operational Components: Police Act 1967 came into force that year, replacing the Act of 1952 By 1967, there were 33,785 personnel of which 2,586 were civilian staff By 1984, it grew to 87,409 and stood at 100,632 in 2005, where 92,927 were uniformed staff and rest were civilians. There are currently seven departments under the IGP; Management, Criminal Investigation, Internal Security and Public Order, Special Branch, Narcotics, Logistic and Commercial Crimes Division Introduction to Law Enforcement (LEA1133) 27

28. The Development of Modern Policing Evolution of PDRM’s Organisation and Operational Components (cont.): The major operational components of the police force include the General Operations Force (PGA), the Marine Police, The Federal Reserve Unit (FRU), the Special Operations Force (PGK), the Traffic Police, the Police Air Wing, and the Narcotics Department Others are the Criminal Investigation Department, the Commercial Crimes Investigation Department, the Special Branch, the Women Police and the Police Volunteer Reserve Introduction to Law Enforcement (LEA1133) 28

29. Law Enforcement in Criminal Justice Criminal justice system is a system where the process of justice occur; starts with the apprehension of the offender until the process of treatment of the offender. The components of criminal justice comprise of three main components; the law enforcement agency, the courts, and the correction. Law enforcement is a crucial part of criminal justice as the process of justice always start with law enforcement. Among the role of law enforcement in criminal justice is to arrest and investigate the case. Investigation is crucial to collect information and evidence that can be used to prove the guilt of the offender. More will be discussed in the role of law enforcement in the next chapter. Introduction to Law Enforcement (LEA1133) 29

30. Introduction to Law Enforcement (LEA 123) 30

31. Introduction to Democracy Derives from the Greek word ‘Demos’ or ‘people’ Defined as a system of government in which the supreme power is vested in the people Exercised directly by the people or by their elect representatives under a free electoral system Introduction to Law Enforcement (LEA 123) 31

32. Introduction to Law Enforcement (LEA 123) 32

33. Introduction to Democracy Elements of democracy A political system for choosing and replacing the government through free and fair elections The active participation of the people In politics and civic life Protection of the human rights of all citizens A rule of law – laws and procedures apply equally to all citizens Introduction to Law Enforcement (LEA 123) 33

34. Introduction to Democracy Types of democracy There are various types of democracy such as parliamentary democracy and presidential democracy. As in Malaysia, parliamentary democracy is a type of government and Constitution is the supreme law of the land. Under the parliamentary democracy, the power of the government is separated between three bodies which are Executive, Legislative and Judiciary Introduction to Law Enforcement (LEA 123) 34

35. Introduction to Law Enforcement (LEA 123) 35

36. Principle of Utilitarianism Can be defined as the moral action which produces the greatest good for the greatest number Focuses on the effects of an action A theory which attempts to define the scope and freedom of individual liberty under state authority It draws a line between the rights of the individual and the rights of others – a form of justice Introduction to Law Enforcement (LEA 123) 36

37. Introduction to Law Enforcement (LEA 123) 37

38. Principle of Utilitarianism Two types Act Utilitarianism (Direct Utilitarianism) – Jeremy Bentham Rule Utilitarianism (Indirect Utilitarianism) – John Stuart Mill Introduction to Law Enforcement (LEA 123) 38

39. Introduction to Law Enforcement (LEA 123) 39 JOHN STUART MILL JEREMY BENTHAM

40. Act Utilitarianism (Direct) Act Utilitarianism – Jeremy Bentham Humans by nature avoid pain and seek pleasure Individual happiness is the supreme good A person should act in a manner that provides happiness for the greatest number Happiness would be measured by a quantitative scale (measure happiness by amount or quantity) Introduction to Law Enforcement (LEA 123) 40

41. Rule Utilitarianism (Indirect) Rule Utilitarianism – John Stuart Mill Believes that happiness is determined by the individual No one individual can determine what will produce happiness for every individual Believes that a democracy is the best way to secure liberty and promote happiness and an avenue to provide individual happiness for the greatest number Happiness would be measured by a qualitative scale (consider the overall quality of life and happiness) Harm Principle – the only good reason for restricting a person’s liberty is to prevent harm to others. Punishment should only be used if it would lead to better consequences than non-punishments Introduction to Law Enforcement (LEA 123) 41

42. Defining Law Enforcement It can be defined as any system by which some members of society act in an organized manner to enforce the law by discovering, deterring, rehabilitating or punishing persons who violate the rules and norms governing that society Law enforcement also is well known by the term policing Introduction to Law Enforcement (LEA 123) 42

43. Defining Law Enforcement Who is law enforcement officer? A government employee who is responsible for the prevention, investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws, including an employee engaged in this activity who is transferred to a supervisory or administrative position; or serving as a probation or pretrial services officer. Introduction to Law Enforcement (LEA 123) 43

44. Introduction to Law Enforcement (LEA 123) 44

45. Introduction to Law Enforcement (LEA 123) 45

46. Need for Law Enforcement In order to achieve the greatest number of happiness for the greatest number of people, law enforcement was needed in order to maintain people safety and to protect people from harm As we live in a democratic society, each of individuals are responsible to ensure that our rights were protected Introduction to Law Enforcement (LEA 123) 46

47. Need for Law Enforcement In most of democratic countries, those who enforce the laws are not the same as those who make the law. In a democratic societies, police authority (law enforcement power) comes from the people. Law enforcement are not only part of the people, but they are also a part of state and federal government, which through legislation, provides their formal base of authority Introduction to Law Enforcement (LEA 123) 47

48. Need for Law Enforcement Law enforcement are also part of the state and federal criminal justice system, which through the court, determine society’s course in deterring lawbreakers and rehabilitating offenders The goals and priorities of a law enforcements are largely established by what the community wants Law enforcement is a highly visible representative of local government whose officers are on duty 24/7 Introduction to Law Enforcement (LEA 123) 48

49. Need for Law Enforcement Fundamental Liberties (Rights) in Malaysia Liberty of the person – Article 5 of FC Slavery and forced labour prohibited – Article 6 of FC Protection against retrospective criminal laws and repeated trials – Article 7 of FC Equality – Article 8 of FC Prohibition of banishment and freedom of movement – Article 9 of FC Introduction to Law Enforcement (LEA 123) 49

50. Need for Law Enforcement Fundamental Liberties (Rights) in Malaysia Freedom of speech, assembly and association – Article 10 of FC Freedom of religion – Article 11 of FC Rights in respect of education – Article 12 of FC Rights to property – Article 13 of FC Introduction to Law Enforcement (LEA 123) 50

51. TUTORIAL QUESTIONS What are the elements of a democratic government? Explain the need for law enforcement in Malaysia? Define law enforcement. Discuss the relation between principle of utilitarianism and the need of law enforcement in democratic societies. What is the meaning of law enforcement officer? Introduction to Law Enforcement (LEA 123) 51

52. END OF SLIDES References Introduction to Law Enforcement and Criminal Justice, 11 th Edition – Karen Matison Hess, Christine Hess Orthmann and Henry Lim Cho http://www.rmp.gov.my/infor-korporate/polis-diraja-malaysia/sejarah Police and The Law – Siti Zaharah Jamaluddin , Norchaya Talib and Zulazhar Tahir Introduction to Law Enforcement (LEA1133) 52