Criminal Procedure I -Rights of the Arrested Person

General

1. No person shall be deprived of his personal liberty save accordance with the law (Art. 5 Federal Constitution)

2. An unlawfully arrested person can seek the writ of of habeas corpus ad subjiciendum to secure his immediate release from unlawful or unjustifiable detention.

3. Be that as it may, habeas corpus is inapplicable in situations where the detention is in itself lawful. Case in point: Morgan a/l Perumal v Ketua Inspektor Hussein bin Abdul Majid & Ors.

4. Under ss 438 or 175 of the Criminal Procedure Code a person's liberty is given monetary cognizance.