types, functions & administrative practices of law enforcement in malaysia

types & function of law enforcement in malaysia

1. Topic 2: types, FUNCTIONS & ADMINISTRATIVE PRACTICES 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 Outcomes Apply the contemporary administratives practices, the use of power and operational management in law enforcement (PLO2, C3) INTRO TO LAW ENFORCEMENT (LEA123) 2

3. Introduction Law enforcement is considered to be a part of the executive branch, which includes the Prime Minister and the Cabinet. Law enforcement also reacts to natural and man disasters. The legislature makes the law, law enforcement enforces the law, and the judicial branch interprets the laws constitutionality. INTRO TO LAW ENFORCEMENT (LEA123) 3

4. Introduction The concept of law enforcement encompasses all levels (federal, state and local) of the executive branch of government. It includes agencies that enforce administrative codes and regulations, and criminal laws related to health, safety, and welfare of the people. INTRO TO LAW ENFORCEMENT (LEA123) 4

5. Introduction There are basically three types of law enforcement agencies: Local State Federal There are agencies whose mission is to provide a law enforcement function and there are also agencies who have a law enforcement department or component within a larger agency INTRO TO LAW ENFORCEMENT (LEA123) 5

6. Introduction Local law enforcement agencies E.g. : municipal, county, tribal, and regional police that derive authority from the local governing body that created it State law enforcement agencies Perform police duties include highway patrol and statewide investigations Federal law enforcement agencies Police, Immigration, Custom, Anti-Drug Agency, Central Bank Enforcement INTRO TO LAW ENFORCEMENT (LEA123) 6

7. The Role of Enforcement Agencies The role of enforcement agencies or the police can be defined as any proper or customary function performed by the agencies/police. However, the role of different enforcement agencies may vary from each other INTRO TO LAW ENFORCEMENT (LEA123) 7

8. The Role of Enforcement Agencies There are basically three functions of law enforcement agencies lay down by Wilson (1968) and supported by Zhao and Hassell (2005) which are: Order maintenance – where officers focused on the order by intervening in disputes, fights Service – where officers saw their primary duties as assisting citizens with problems Law Enforcement – where officers focused on arrests and citations. INTRO TO LAW ENFORCEMENT (LEA123) 8

9. The Role of Enforcement Agencies According to International Law Enforcement Code of Ethics: “As a law enforcement officer, my fundamental duty is to serve the community; to safeguard lives and property; to protect innocent against deception; the weak against oppression or intimidation and the peaceful against violence or disorder; and to respect the constitutional rights of all to liberty, equality and justice.” INTRO TO LAW ENFORCEMENT (LEA123) 9

10. SPECIFIC AREAS OF FEDERAL LAW ENFORCEMENT Police Immigration Customs Anti-Drug Enforcement Anti-Corruption Council Central Bank Enforcement INTRO TO LAW ENFORCEMENT (LEA123) 10

11. Royal Malaysia Force (Polis Diraja Malaysia(PDRM)) Part of securities forces structure in Malaysia The force is centralized organization with responsibilities ranging from traffic control to intelligence gathering. More will be discussed on Topic 3&4 Functions: Section 3(3) Police Act 1967 Duties Section 20 of the Police Act 1967 Section 21 of the Police Act 1967 INTRO TO LAW ENFORCEMENT (LEA123) 11

12. Immigration Department of Malaysia ( Jabatan Imigresen Malaysia) Under the power and control of Ministry of Home Affairs, which provides services to Malaysian Citizens, Permanent Residents and Foreign Visitors Functions: Issuing of passports and travel documents to Malaysian Citizens and Permanent Residents Issuing of visas, passes and permits to Foreign Nationals entering Malaysia Administering and managing the movement of people at authorised entry and exit points Enforcing the Immigration Act 1959/63, Immigration Regulations 1963 and Passport Act 1966 INTRO TO LAW ENFORCEMENT (LEA123) 12

13. Royal Malaysian Customs Department ( Jabatan Kastam Diraja Malaysia) Enforcement division The objective – to combat all forms of smuggling and fraud in an efficient and effective manner to ensure that all laws and regulations administered by the department are fully complied with. Functions – carry out investigations, enforcement tasks and anti-smuggling campaigns among any INTRO TO LAW ENFORCEMENT (LEA123) 13

14. Royal Malaysian Customs Department ( Jabatan Kastam Diraja Malaysia) Enforcement division Main Tasks Preventive and Seizure Investigation Prosecution Narcotic Intelligence INTRO TO LAW ENFORCEMENT (LEA123) 14

15. National Anti-Drug Agency ( Agensi Anti- Dadah Kebangsaan ) Anti-Drug Enforcement On 1996, cabinet has approved the formation of national drugs agency by combining the Anti-Drug Workers Team (PPAD) and Medical Care Treatment and Rehabilitation Department (BRPD) which is an organization under the ministry of Home Affairs (KDN). Main Law – Dangerous Drugs Act Section 15 – Self administration Section 12 – possession, custody & control of drugs Section 37 (da) – drug trafficking INTRO TO LAW ENFORCEMENT (LEA123) 15

16. Malaysian Anti-Corruption Commission (SPRM) MCAA is a government agency that investigates and prosecutes corruption in the public and private sectors. It was modeled after top anti-corruption agencies, such as the ICAC Hong Kong and ICAC Australia. There are five independent bodies that monitor the MACC to ensure its integrity and to protect citizens’ rights. These bodies are managed separately from the other government offices in order to provide an independent perspective. INTRO TO LAW ENFORCEMENT (LEA123) 16

17. Malaysian Anti-Corruption Commission (SPRM) Anti-Corruption Advisory Board ( Lembaga Penasihat Pencegahan Rasuah ) Special Committee on Corruption ( Jawatankuasa Khas Mengenai Rasuah ) Complaints Committee ( Jawatankuasa Aduan ) Operations Review Panel (Panel Penilaian Operasi ) Consultation and Corruption Prevention Panel (Panel Perundingan dan Pencegahan Rasuah ) INTRO TO LAW ENFORCEMENT (LEA123) 17

18. Malaysian Anti-Corruption Commission (SPRM) Functions of MACC is laid down under section 7 of MACC Act 2009 To receive and consider any report of the commission of an offence and investigate such reports To detect and investigate any suspected, attempt, conspiracy to commit offence To examine the practices, systems and procedures of public bodies To instruct, advise and assist any person To advise heads of publics bodies of any changes in practices, system or procedures To educate the public against corruption To enlist and foster public support against corruption INTRO TO LAW ENFORCEMENT (LEA123) 18

19. Central Bank Enforcement To enable the Bank to meet the objectives of a central bank, it is vested with comprehensive legal powers under the following legislation to regulate and supervise the financial system. These pieces of legislation includes Central Bank of Malaysia Act 2009 The CBA aims to adequately capture and pre-emptively address sources of risks to financial stability. In doing so, it vests the bank with the necessary powers and instruments to achieve its mandates effectively. INTRO TO LAW ENFORCEMENT (LEA123) 19

20. Central Bank Enforcement Financial Services Act 2013 Under the FSA, the bank’s principal regulatory objective is promoting financial stability which is pursued by fostering the safety and soundness of financial institutions, the integrity and orderly functioning of the money and foreign exchange markets, safe, efficient and reliable payment and etc. Anti-Money Laundering and Anti-Terrorism Financing Act 2001 The AMLATFA provides for the offence of money laundering, the measures to be taken for the prevention of money laundering and terrorism financing offences, investigation powers and the forfeiture of terrorist property and property derived from, or involved in money laundering and terrorism financing offences. INTRO TO LAW ENFORCEMENT (LEA123) 20

21. Introduction The functions or the role of police can be defined as any proper or customary function performed by the police. The police agency’s role in a given situation is the part that it plays in the drama of the community. Wilson (1968) found that American police departments evolved into one of three types base on community political culture which are delivery service, law enforcement and order maintenance

22. Introduction Within each of these roles is a range of activities that might be performed by the police These roles prescribe a course of action for police officers and for the leadership in the police department Zhao and Hassell (2005) re-examined Wilson’s work to determine if departments continued to focus on one of these three roles. They found that today police agency usually assume all three roles and each is emphasized or given higher priority at different points in time and under different circumstances

23. a) Service Delivery The police are often called on to provide additional services to their community. This role is acknowledged in the first sentence of the Law Enforcement Code of Ethics – “As a law enforcement officer, my fundamental duty is to serve the community..” Many police has their motto as “To Serve and Protect”

24. a) Service Delivery Types of services requested of and delivered by the police includes: Giving information, directions, and advice Counseling and referring Licensing and registering vehicles Intervening in domestic arguments Working with neglected children Rendering emergency medical or rescue services Dealing with alcoholics and the mentally ill Finding the lost children Controlling traffic and crowds

25. b) Law Enforcement Police officers are sworn to enforce the law. This aspect of police work is probably the best known and most widely publicized, although not necessarily the task to which the most police time is devoted. The primary object in law enforcement is the apprehension of law breakers and the collection of evidence that will lead to conviction in a court proceeding

26. b) Law Enforcement This function also include the investigation made by the police Most detectives are trained in modern investigative techniques and in the laws of evidence and criminal procedure. Criminal investigation includes: The initial investigation Preparing a case for Court

27. c) Order Maintenance The order-maintenance aspect of the police role involves peacekeeping, maintaining order and authority without the need for formal arrest, “handling the situation”, and keeping things under control by using threats, persuasion and understanding Among the function of police in order maintenance are Surveillance, watch and action to be taken during peaceful processions, demonstrations and strikes of various types Action to be taken on agitating and unruly mobs Protection of vital installations during the spate of crimes and emergencies of various types VIP security and performance of various duties during VIP visits in different capacities

28. c) Order Maintenance Patrol officers are the most highly visible components of the entire CJS. The major purpose of patrol are to: Deter crime by maintaining a visible police presence Maintain public order (peacekeeping) within the patrol area Enable the police department to respond quickly to violations of law or other emergencies Identify and apprehend law violators Aid individuals and care for those who cannot help themselves Facilitate the movement of traffic and people Create a feeling of security in the community

29. Function of Police in Malaysia Section 3(3) of the Police Act 1967 The Force shall subject to this Act be employed in and throughout Malaysia (including the territorial waters thereof) for: the maintenance of law and order, the preservation of the peace and security of Malaysia, the prevention and detection of crime, the apprehension and prosecution of offenders and; the collection of security intelligence.

30. Introduction Administration? Refers to the general managing and organizing that occurs at the highest levels of an organization Entails the establishment of the department’s overall purposes or mission as well as the establishment of policies and procedures which serve as a guideposts for the department to achieve its overall purposes. Gullick (1937), an early administrative theorist, outlined administrative responsibilities using the acronym POSDCORB – Planning, Organizing, Staffing, Directing, Coordinating, Reporting, and Budgeting. This classic description of administration is still accepted today as one of the most appropriate for identifying administrative functions.

31. introduction Administrative agencies consists of two components Organization ( Organisasi ) Refers to structuring and staffing, or the placing of people in the department. Management ( Pengurusan ) Refers to the processes administrators, middle managers, and supervisors use to give and organization direction and to influence people to work toward organization goals.

32. Organizational structure What is organization? Robbins (1990) defined an organization as “consciously coordinated social entity , with a relatively identifiable boundary , that functions on a relatively continuous basis to achieve a common goals or set of goals” Organization therefore is a group of people working together to accomplish a desired goal. Police organizations are responsible for accomplishing a number of tasks – arresting law breakers, controlling traffic, maintaining order, preventing crime and providing services to citizens such as aiding stranded motorists or assisting lost children

33. Organizational structure Police administrators modify or design the structure of their organization in order to fulfill the mission that has been assigned to the police An organizational chart reflects the formal structure of task and authority relationships determined to be most suited to accomplishing the police mission Police Organization refers to a group of trained personnel in the field of public safety administration engaged in the achievement of goals and objectives that promotes the maintenance of peace and order, protection of life and property, enforcement of the laws and the prevention of crimes

34. Traditional law enforcement organization Traditional law enforcement organization Generally influence by Sir Robert Peel (1788 – 1850) – often called the “Father of Modern Policing” Police must be stable, efficient, and organized militarily Police must be under governmental control The deployment of police strength by both time and area is essential. Police headquarters should be centrally located and easily accessible. The test of police effectiveness is the absence of crime and disorder, not the visible evidence of police activity in dealing with these problems.

35. Traditional law enforcement organization Principle of Hierarchy A group of people organized or classified by rank and authority. In law enforcement, typically pyramid shaped with a single “authority” at the top expanding down and out through the ranks to the broad base of “workers”. Represents the formal relationship among superiors and subordinates in any given organization. It serves as the framework for the flow of authority downward and obedience upward, through the department

36. traditional law enforcement organization The typical pyramid of authority predominated with its hierarchy of authoritative management. Command officers and supervisors had complete authority over subordinates, and there was little opportunity for departmental appeal except through the courts. Communication flowed downward Little or no specialization existed, and training was non-existent or minimal. Selection was based largely on physical qualifications, and most applicants had military experience.

37. traditional law enforcement organization Most personnel were assigned to foot patrol. Police radio communications system and other technology were virtually non-existent. University-or-college-level training, training programs, and even courses were unheard of. 10-hour days and six-day weeks were common, accompanied by extremely low salaries. Flexibility was non-existent, and fringe benefits were few.

38. The formal organization The formal organization is put together by design and rational plan. The essential elements of a formal organization are: A clear statement of mission, goal, objectives and values A division of labor among specialist A rational organization or design A hierarchy of authority and responsibility

39. The formal organization Law enforcement agencies typically are divided into field and administrative services, with personnel designated as line and staff personnel. Field Service – directly help accomplish the goals of the department using line personnel; main division in uniformed patrol; also include investigations, narcotics, vice, juvenile and the like. Administrative Services – supports those performing field services; includes recruitment and training, records and communication, planning and research, and technical services. Line Personnel – those who actually perform most of the tasks outlined in the work plan Staff Personnel – those who support line personnel

40. The emerging law enforcement organization Business and industry are undergoing sweeping changes in organization and management styles to remain competitive Law enforcement agencies are also facing the need for change to meet the competition of private policing Police departments and other law enforcement agencies must also compete with private security organizations for the bright, young college graduates entering the work force. No longer will law enforcement agencies be recruiting a majority of candidates with a military background. Instead, agencies will be recruiting college graduates who will not accept authority blindly. The emerging law enforcement agency has a flattened organization, is decentralized and empowers its employees.

41. The emerging law enforcement organization A flattened organization Many police departments are turning to a flat organization, one with fewer lieutenants and captains, fewer staff departments, fewer staff assistants, more sergeants and more patrol officers. A decentralized organization Decentralization generally refers to a department’s organizational structure and operations. It encourages flattening of the organization and places decision making at the level where information is plentiful, usually at the level of the patrol officer. Flattened, decentralized organizations empower line personnel. Frees manager from spending all their time and intellectual energy on day-to-day operational matters, allowing them to concentrate more on strategies to improve the organization’s capabilities to perform

42. The emerging law enforcement organization Organizational structure today has adopted decentralization strategies. The purposes behind such strategies was that the police departments could move effectively serve their communities through an organizational design focused on individual areas and neighborhoods rather than entire city Decentralization in organizational structure was seen as being much more flexible and having a fluid design in which to provide essential public and human services

43. Contemporary policing organization Five broad strategic or organizational approaches currently operating in contemporary policing are: Community policing Problem-solving policing CompStat Policing Intelligence-led policing Evidence-based policing

44. Contemporary policing organization Community Policing “A philosophy that promotes organizational strategies that support the systematic use of partnerships and problem-solving techniques to proactively address the immediate conditions that give rise to public safety issues such as crime, social disorder, and fear of crime” Stresses working proactively in partnership with citizens to prevent crime and to solve crime-related problems.

45. Question Traditional Policing Community Policing Who are the police? A government agency principally responsible for law enforcement Police are the public and the public are the police; the police officers are those who are paid to give full-time attention to the duties of every citizen What is the role of police? Focusing on solving crime A broader problem-solving approach How is police efficiency measured? By detection and arrest rates By the absence of crime and disorder What are the highest priorities? Crimes that are high value and those involving violence Whatever problems disturb the community most What , specifically, do the police deal with? Incidents Citizens problems and concern

46. Question Traditional Policing Community Policing What determines the effectiveness of police? Response time Public Cooperation What view do the police take of service calls? Deal with them only if there is no real police work to do Vital function and great opportunity What is police professionalism? Swift, effective response to serious crime Keeping close to the community What kind of intelligence is most important? Crime intelligence (study of particular crime or series of crime) Criminal intelligence (information about the activities of individuals or groups) What is the essential nature of police accountability? Highly centralized; governed by rules, regulations and policy directives; accountable to the law Emphasis on local accountability to community needs.

47. TRADITIONAL RANKS ALTERNATIVES TITLES Chief of Police Commisioner /Director/ Superintendant / Sheriff Deputy Chief Assistant Director Colonel Division Director/Inspector/Commander Major Inspector/Commander Captain Commander Lieutenant Manager Sergeant Supervisor Detective Investigator/Inspector Corporal Senior Officer/Master Patrol Officer Officer Public Safety Officer/Agent/ Deputy Sheriff

48. Personnel systems What is personnel? People employed in an organization or engaged in an organized undertaking such as police and military service The personnel or human resources function (including recruitment, selection, assignment, transfer, promotion, termination, and labor relations) has to do with who gets what jobs when and very often, who gets what pay. Allen R Janger – modern personnel units have not been content in confining themselves to these activities and that they are becoming involved with management development, organization planning, personnel development and personnel research.

49. Personnel systems Those personnel who perform fundamental police activities or supervise them are referred to as the line personnel. Personnel who help line personnel by providing support and assistance are referred to as staff personnel. For example, officers assigned to the planning unit assist patrol efforts by identifying crime trends; planning is a staff function. On the other hand, patrol officers will use the information to attempt to solve a particular crime problem and as such are involved in doing the actual work of the department; patrol is a line function. Supervisors can be line or staff depending on the unit they supervise. Those supervising line units are considered line supervisors, while those supervise the staff functions are considered staff.

50. Personnel Systems Personnel system is a structure of activities and methods of doing things that enable the attraction, development, and retention of talent focused on the organization. Included in the personnel system are human resource, strategies and planning for staffing, compensation, training, performance management, diversity and legal compliance. Personnel systems of most law enforcement agencies have a great deal in common Market driven systems Hierarchical, rank system In-at-bottom, up-through-the-ranks Competitive promotions Time – grade/service pay systems by Rank Early retirement Common life cycle

51. Personnel Systems Unlike the majority of a public agency’s other employee, law enforcement personnel typically work around the clock and often are subject to civil service rules not applicable to the rest of the staff, making hiring, firing and day to day supervision more of a challenge. In addition, the nature of the work itself places unique pressures on the employees and their families that affect job performance

52. THE END Thank you for your attention! INTRO TO LAW ENFORCEMENT (LEA123) 59

53. TUTORIAL QUESTIONS List down the functions of SPRM (5 marks) What are the functions of AADK? (2 marks) List down three roles of law enforcement agencies (3 marks) List down 3 types of law enforcement agencies and discuss their importance in a democratic societies. (9 marks) List down 4 enforcement agencies in Malaysia and explain their functions (12 marks) INTRO TO LAW ENFORCEMENT (LEA123) 60

54. references Karen Matison Hess, Christine Hess Orthmann , Henry Lim Cho - Introduction to Law Enforcement and Criminal Justice, 11 th Edition. Cengage Learning. Police Act 1967 MACC Act 2009 INTRO TO LAW ENFORCEMENT (LEA123) 61