The current development of illegally obtained evidence in Malaysia

Mohamad Yunus, Mohamad Ismail (2020) The current development of illegally obtained evidence in Malaysia. The Law Majalla, 7 (1). pp. 33-55. ISSN 0128-5491

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Abstract

Under the focus of evidence law in general, the authorities or any agencies involved in the investigation of crime may obtain the evidence by unlawful means. For instance, the evidence may be obtained through the commission of crime, a tort or a breach of contract or a breach of statutory or provisions governing the powers, procedure and the duties of the police or individual involving in the investigation of crime.66 Among the unlawful ways that sometimes are used to obtain the evidence are stealing, confiscating goods that were not listed in the search warrant or confiscating goods without consent, collecting evidence illegally by way of entrapment, obtaining evidence through the wrong standard operating procedure (SOP) and using unnecessary force in confiscating the good or obtaining the evidence. The issue that arises currently is whether the admissibility of the evidence which is illegally obtained is affected by the manner of it being obtained even though the evidence ought to be relevant? This has caused a dilemma between two competing policies. Thus, this paper will clarify the latest standing of the Court of Appeal decision in 2018 in light of the Federal Constitution and Rule of Law.

Item Type:	Article (Journal)
Uncontrolled Keywords:	Evidence, illegally obtained evidence, relevant fact, section 5 Evidence Act 1950, Police & Criminal Evidence Act 1978
Subjects:	BPK Islamic law. Shari'ah. Fiqh BPK Islamic law. Shari'ah. Fiqh > BPK36 Islamic law (General) K Law > K Law (General) K Law > KBP Islamic Law K Law > KPG Malaysia
Kulliyyahs/Centres/Divisions/Institutes (Can select more than one option. Press CONTROL button):	Ahmad Ibrahim Kulliyyah of Laws > Department of Legal Practice
Depositing User:	DR MOHAMAD ISMAIL MOHAMAD YUNUS
Date Deposited:	16 Apr 2024 15:19
Last Modified:	16 Apr 2024 15:36
URI:	http://irep.iium.edu.my/id/eprint/111754

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