Electronic Tagging as a Crime Control Model in Malaysia: A Way Forward
Che Audah Hassan · International Journal of Academic Research in Business and Social Sciences · 2018
The aim of electronic tagging in Malaysia can be divided into two, a tool for monitoring under the preventive laws such as the Prevention of Crime Act 1959 (POCA), Prevention of Terrorism Act 2015 (POTA) and a substitution for bail pending trial and appeal.Arguably, under the POCA 1959 and POTA 2015, the ordinary criminal procedures prescribed under Criminal Procedure Code is not fully applicable, and there are special procedures provided for the disposal of cases which upon conviction, could lead to attachment of an electronic monitoring device (EMD) to the body of the person.The consequences of a conviction under these Acts are; registration of the name in the Register of Criminal, subject to police supervision with the attachment of EMD (with or without house curfew) and worst, detention.In this paper, the authors will analyze the special procedures under POCA and POTA in line with the aim of controlling crime and highlight the possible issues which may arise concerning fundamental liberty of the person ordered to be attached with tagging as well as right to fair and public hearing under Article 10 of Universal Declaration of Human Rights and natural justice.