A study on prevention of crime act 1959 and its adherence to fundamental rights / Mohamad Izdiharuddin Asyraf Arshad

The Prevention of Crime Act 1959 amended in 2013 is mean to provide an effective legal framework to control organised and serious crime in Malaysia. Although the intention of the Act is good but the law and provision made affecting the fundamental rights of a person, The infringement include detention without trial in court, limited access to judicial reviews and absence of independent body to supervise the report of the Inquiry Officer and decision of the Board. Conversely in United States of America and Australia the laws that governed organised crime make no provision of detention without trial. Further, the Australian jurisdiction allow judicial review. Additionally, the Australian jurisdiction do establish an independent commission to prevent, detect and investigate corruption issue which may develop at Australian Crime Commission Act level. With the deficiencies identified under POCA and the strength available United States of America and Australia systems, the research propose that POCA needs a review for the purpose of overcoming the deficiencies of the Act that affect fundamental rights of a person.