Preventive Detention by administrative power, as opposed to judicial detention, is defined as detention without judicial intervention or sanction. This form of detention, inter alia, may be due to detention by the police (executive) for purposes of investigation and also for the purposes of preventing some supposed ‘crime’ which has not yet occurred (preventive detention). Preventive detention is commonly known as Detention Without Trial (‘DWT’).
When we talk about detention, we will not limit ourselves to the narrow interpretation which would only consider detentions of persons in prisons, lockups and/or detention centres. We will be looking at ‘detention’ from a broader interpretation which would include the imposition of any forms of restrictions and conditions on a person’s liberty without judicial intervention.
1.1 Redefining ‘Detention’
For a…show more content… If the courts can reverse executive’s decision, it would make it impossible for the executive to make any decision for fear that the courts would intervene. The ruling party would then be waiting for the decisions of the courts and the results of appeal to higher courts’.
1.2 Administrative detention in Malaysia
In Malaysia, generally under the Criminal Procedure Code administrative detention is only allowed for a period not exceeding 24 hours after a person has been arrested.
In Part II of the Federal Constitution which carries the heading ‘Fundamental Liberties’, in particular Article 5(4), it is enshrined that ‘where a person is arrested and not released he shall without unreasonable delay, and in any case within 24 hours (excluding the time of any necessary journey) be produced before a Magistrate and shall not be further detained in custody without the magistrate’s