Step 1: Clarify Your Status
Before you go anywhere, you have the right to ask the officer a crucial question: "Am I under arrest (Tangkap), or am I just assisting with an investigation (Bantuan Siasatan)?"
You should also politely ask the officer to show their Authority Card and ask which Police Station they are from.
If you are just "Assisting with an Investigation": Usually, the police want you to provide a witness statement (under Section 112 of the Criminal Procedure Code).
If the time or location is inconvenient, or if you are feeling unwell, you have the right to refuse the immediate request. The police cannot arrest you for this refusal alone.
However, if the police produce a written order signed by an Investigating Officer (IO) requiring you to give a statement, you must comply with that order.
Important: Always notify your family or friends immediately. Tell them which police station you are going to so they can accompany you. This prevents a situation where you enter a station and become uncontactable.
Step 2: What if I am Arrested?
If the officer explicitly tells you that you are under arrest:
Ask for the Reason: Politely ask, "What crime am I being arrested for?"
Notify Someone: Request to inform your family or a friend immediately. Give them your Full Name and IC/Passport Number.
Identify the Location: Ask which Lock-up (Lokap) you will be taken to.
Advice for Family/Friends: If you know a loved one has been taken by the police but you don't know where they are, seek legal assistance immediately. A lawyer can liaise with the police to locate them and ensure the matter is handled professionally.
Step 3: How Long Can I Be Detained? (Remand)
Unless you are formally charged in court, the police can only detain a suspect for a maximum of 24 hours.
If the police cannot complete their investigation within 24 hours, they have two options:
Release you on police bail; or
Bring you before a Magistrate to apply for a Remand Order (Perintah Reman) to extend your detention.
The Remand Hearing (Section 117)
This application is made under Section 117 of the Criminal Procedure Code.
The Magistrate can authorize detention for a period not exceeding 14 days (depending on the nature of the offense).
These hearings are usually held in chambers (private) and the public cannot enter.
However, you are entitled to a lawyer. Your lawyer can appear before the Magistrate to oppose the remand or argue for a shorter detention period to protect your rights.
Do not face the police alone. Whether you are a witness or a suspect, having legal representation ensures your rights are protected and you are not detained longer than necessary.