The cases of Zaidi Kanapiah and Rovin Joty concern detentions under the Prevention of Crime Act 1959 (POCA). The Federal Court was split on the constitutionality of several POCA provisions but provided legal guidance on how magistrates should exercise their powers when making remand orders under the Act.
How does POCA work? What were the arguments in the cases? How did the Federal Court decide? What is the impact of the cases on our liberties?
During our chat, we discussed:
- why some of the judges opined that certain POCA provisions were unconstitutional
- whether a magistrate has the discretion to refuse a remand application under POCA or is bound to allow it once the necessary procedures are complied with
- whether the decision of the Prevention of Crime Board can be scrutinised and reviewed by the courts
- whether POCA can be used against juveniles
- how and when an individual can be detained under POCA
- the factors to be considered by a magistrate in a remand application