COUNCIL OF JUSTICES OF THE PEACE, STATE OF PENANG, MALAYSIA
Council of Justices of the Peace

State of Penang, Malaysia


Powers and Duties

Justices of the Peace in the State derive their powers from statute law. They are appointed under section 98 of the Subordinate Courts Act, 1972 by the State Authority, by warrant under his hand. The State Authority may by like warrant, revoke the appointment of any Justice of the Peace. A Justice of the Peace will be required to take the Oath of Allegiance and the Judicial Oath in the form prescribed in the Promissory Oaths Ordinance. (S.S. cap. 77)

Justices of the Peace have such powers not exceeding the powers of a Second Class magistrate as are conferred upon them in various Ordinances.

A person adjudged bankrupt us disqualified from being appointed as a Justice of the Peace: the disqualification will be removed and cease if and when the adjudication of bankruptcy against him is annulled; or he obtains from the Court his discharge, with a certificate to the effect that his bankruptcy was caused by misfortune, without any misconduct on his part. See the provisions of section 36 on the Bankruptcy Ordinance.

If a person is adjudged bankrupt whilst holding the office of Justice of the Peace, his office shall thereupon become vacant under section 37 of the Bankruptcy Ordinance.

The powers and duties conferred by law on Justices of the Peace are set out hereunder.

Criminal Procedure Code (Cap. 21)

Section 19.

Every person is bound to assist a Police Magistrate, Justice of the Peace or police officer reasonably demanding his aid :–

  1. in the taking of any other person whom such Police magistrate, Justice of the Peace or police officer is authorized to arrest;

  2. in the prevention of a breach of the peace or of any injury attempted to be committed to any railway, tramway, dock, wharf, canal, telegraph or public property;

  3. in the suppression of a riot or an affray.

Section 25.

Whenever a search for anything or is about to be lawfully made in any house or place in respect of any offence all persons found therein may be lawfully detained until the search is completed, and they may, if the thing sought is in its nature capable of being concealed on the person, be searched for it by or in the presence of a Police Magistrate or Justice of the Peace or a police officer not under the rank of Inspector.

Section 38.

When any offence is committed in the presence of a Police Magistrate or Justice of the Peace within the local limits of his jurisdiction, he may himself arrest or authorize any person to arrest the offender, and may thereupon subject to the provisions herein as to bail commit the offender to custody.

Betting Ordinance (No. 47 of 1953)

12. (1) A Magistrate of Justice of the Peace or Senior Police Officer on being satisfied upon written information on oath, and after any inquiry which he may think necessary, that there is good reason to believe that any place kept or used as a common betting-house or is a club used by a bookmaster for the business of receiving or negotiating bets, may by warrant under his hand authorize any persons therein named or any police officer with such assistance and by force if necessary by night or by day to enter or go to such a place and to search the same and all persons found therein and to seize all books, documents, telegrams, writings, circulars, cards or other articles used as a subject or means of betting or wagering or in connection therewith and all moneys and securities for money which are found in such a place or on any such persons and also to detain all such persons until they and the said place have been searched.

(2) If any of the things or circumstances which are by this Ordinance made presumptive evidence of guilt are found in such place or on any person therein, every person therein shall be arrested and taken before a Magistrate to be dealt with according to law.

(3) All books, documents, telegrams, writings, circulars, cards or other articles used as a subject or means f betting or wagering or in connection therewith, and all moneys or securities for money found in a common betting-house or on any persons found therein, or escaping therefrom, which the Magistrate is of opinion were used or intended to be used for betting or wagering shall be declared by him to be forfeited to the Government, and shall be dealt with accordingly.

13. A Magistrate or Justice of the Peace or Senior Police Officer on being satisfied upon information on oath and after any enquiry which he may think necessary that there is good reason to believe that any books, documents, telegrams, writings, circulars, cards or other articles used as a subject or means of betting or wagering or in connection therewith are likely to be found on any person, may by warrant under his hand order any police officer to arrest and search such person, or may by warrant under his hand order any person therein named to arrest such person and to take him forthwith before any Magistrate or Justice of the Peace or Senior Police Officer who shall thereupon cause such person to be searched in his presence and if any such thing is found upon his person he shall be taken before a Magistrate to be dealt with according to law.

14. (1) A Magistrate or Justice of the Peace or Senior Police Officer may himself do what he may under sections 12 and 13 authorise a police officer to do whenever such Magistrate or Justice of the Peace of Senior Police Officer is competent to issue a warrant under the said sections, and also in any of the following cases, that is to say:-

  1. if any persons has, within the preceding six months been convicted of having kept or used as a common betting-house the place proposed to be entered;

  2. if the place proposed to be entered is a common betting-house carried on under the guise of a club or society;

  3. if he has personal knowledge of such facts and circumstances as satisfy him that there are sufficient grounds for a search under section 12;

  4. if he receives the required information orally, and either on oath or not on oath, under such circumstances that the objects of the search would be defeated by the delay necessary for reducing the information to writings, provided that in the last case the name and address of the person giving such information is known to or ascertained by such Magistrate, Justice of the Peace or Senior Police Officer before he acts upon such information.

(2) Whoever giving such oral information makes a statement which he knows or believes to be false or does not believe to be true shall be guilty of an offence and liable to imprisonment for a term not exceeding twelve months.

Common Gaming Houses Ordinance (No. 26 of 1953)

16. (1) A Magistrate or Justice of the Peace or Senior Police Officer on being satisfied upon written information on oath and after any enquiry which he may think necessary that there is good reason to believe that place is kept or used as a common gaming house may by warrant authorize any person therein named or any police officer which such assistance and by such force as may be necessary by night or by day to enter or go to such place and to search the same and all persons found therein and to seize all instruments or appliances for gaming and all money, securities for money and for other articles reasonably supposed to have been used or intended to be used for any game or lottery which may be found in such place or on any such persons also and to detain all such persons until they and the said place have been searched. If any of the things or circumstances which are found in such place or on any person therein, every person found therein shall be taken before a Magistrate to be dealt with according to the law.

(2) All instruments or appliances for gaming, money, securities for money and other articles found in a common gaming house or on any persons found therein or escaping therefrom and which the Magistrate is of opinion were used or intended to be used for any game or lottery shall be declared by him to be forfeited to the Government and shall be dealt with accordingly.

17. A Magistrate or Justice of the Peace or Senior Police Officer on being satisfied upon information on oath and after any enquiry which he may think necessary that there is good reason to believe that any instruments or appliances for gaming are likely to be found on any persons may by warrant under his hand any police officer to arrest and search such person or by warrant under his hand order any person therein named to arrest such person and to take him forthwith before any Magistrate or Justice of the Peace or Senior Police Officer who shall thereupon cause such person to be searched in his presence and if any such instrument or appliance is found upon this person he shall be taken before a Magistrate to be dealt with according to law.

18. (1) A Magistrate or Justice of the Peace or Senior Police Office may himself do what he may under sections 16 and 17 authorise a police officer to do whenever such Magistrate or Justice of the Peace or Senior Police Officer is competent to issue a warrant under the said sections respectively and also in any of the following cases. That is to say:-

  1. if any person has within the preceding six months been convicted of having kept or used as a common gaming house the place proposed to be entered; or

  2. if the place proposed to be entered is occupied

 
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