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

Arshad, Mohamad Izdiharuddin Asyraf (2016) A study on prevention of crime act 1959 and its adherence to fundamental rights / Mohamad Izdiharuddin Asyraf Arshad. Masters thesis, Universiti Teknologi MARA.


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.


Item Type: Thesis (Masters)
Email / ID Num.
Arshad, Mohamad Izdiharuddin Asyraf
Email / ID Num.
Thesis advisor
Hashim, Normawan' (Dr.)
Subjects: H Social Sciences > HV Social pathology. Social and public welfare. Criminology
K Law > K Law in general. Comparative and uniform law. Jurisprudence > Comparative law. International uniform Law > Criminal law and procedure
Divisions: Universiti Teknologi MARA, Shah Alam > Faculty of Law
Programme: Master of Enforcement Law
Keywords: Fundamental rights, Prevention of Crime Act 1959, Legal framework
Date: 2016
URI: https://ir.uitm.edu.my/id/eprint/39687
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