KUALA LUMPUR: The Chief Justice has issued new directive to tighten the issuance of remand orders.
The directive includes a new practice direction which among others ensures suspects under investigation have their lawyers with them.
The directive issued on Sept 10 by Tun Tengku Maimun Tuan Mat which applies to remand proceeding application under Section 117 of the Criminal Procedure Code will take effect on Wednesday.
She said the Chief Justice's Practice Direction No. 11 2021 on remand proceedings outlines that a suspect must be given a chance to engage a lawyer of his choice.
She said those who are not represented by lawyer or were unable to appoint one, will be informed by the magistrate of their right to get legal service from the National Legal Aid foundation (YBGK) if they fulfil certain conditions.
"Remand proceedings shall be postponed for a reasonable period on the same day to enable a counsel to appear for the suspect.
"However, the proceedings will proceed if the suspect does not want to be represented by a lawyer, refuses to get legal assistance from the YBGK and if no lawyer is present within the time given," she said.
Tengku Maimun said magistrates must also be informed by the investigating officer of the status of the remand application on a suspect as well as the treatment of the suspect in police custody.
The magistrate, she said, must be informed of a suspect's health condition and ensure that they be brought to the hospital for examination and appropriate treatment.
Meanwhile, the two previous directives under the Chief Justice's Practice Direction issued in 2003 and 2011 are now revoked.