"You're under arrest." What happens in the next 24 hours, and what you're allowed to do.

If you're reading this because someone has just been arrested, three things matter most:

1. Do not resist. Even if the arrest is unlawful, resisting makes everything worse.
2. Say you want a lawyer, and stop answering questions about the offence.
3. Call someone — family, a lawyer, or the Legal Aid Centre. Tell them the time, place, reason, arresting officer's ID and which police station.

Most Malaysians know they have rights on arrest. Very few know what they actually are, which is exactly the gap that lets things go wrong.

The core provision is section 28A of the Criminal Procedure Code, in force since September 2007. The Malaysian Bar's "Red Book" — Polis dan Hak-Hak Asas Anda, first drafted by a group of lawyers in 2006 — is the standard plain-language reference, and it's free.

1. Are you actually under arrest?

This matters because the rights only attach on arrest.

You are under arrest if: the police say so, handcuff you, or want to take you to the police station.

You are not under arrest if they're merely asking questions. Being questioned isn't detention.

Useful question: "Saya ditahan ke, encik?" — Am I under arrest? If the answer is no, ask if you're free to leave.

You must be informed of the grounds. Section 28A requires that you be told the reason for your arrest as soon as may be. An arrest is unlawful if you are not informed of the reason.

The arresting officer must take you to the nearest police station and nowhere else.

Don't resist. Sitting down is not resisting. Running away or physically blocking officers is. Resisting converts a bad arrest into a fresh offence and takes away your best argument.

2. Your rights under section 28A

The statutory list:

• To be informed of the grounds of arrest as soon as may be
• To contact a legal practitioner of your choice within 24 hours of arrest
• To communicate with a relative or friend about your whereabouts within 24 hours
• To consult your lawyer, with the lawyer allowed to be present and to meet you at the place of detention before any questioning begins

That last one is the most valuable and the least used. Questioning should not start until you've had the chance to consult your lawyer, if you've asked for one.

The right to remain silent. You may refuse to answer any question where the answer could expose you to a criminal charge. This flows from the Federal Constitution and is reflected in the CPC.

Be honest about the exception, because most articles skip it. Under section 28A(8), the requirement to allow contact with a lawyer or relative does not apply where the officer reasonably believes that compliance is likely to result in an accomplice avoiding arrest, evidence being concealed, fabricated or destroyed, witness intimidation, or where questioning is so urgent — having regard to others' safety — that it shouldn't be delayed.

That's a real carve-out. It doesn't mean you should stop asking; it means an officer may invoke it, and if they do, note it and raise it later rather than arguing at the counter.

3. Your rights in the lock-up

From the Red Book:

• One telephone call — to family, a friend, a lawyer, or the Legal Aid Centre
• One set of clothing with you in the lock-up
• A bath twice a day
• Immediate medical attention if you're sick or unwell
• Your belongings recorded and kept in safe custody, and returned on release
• Body searches in a confined place, and it's your right to have this done privately
• A woman may only be searched by a female officer

Note names and ranks. The Red Book advises noting the sequence of events and the names of officers you encounter. Write it down as soon as you can. Keep those notes.

4. The 24-hour rule and remand

Police can hold you for a maximum of 24 hours without going to court. Section 28(3) provides that this excludes travel time from the arrest location to the Magistrates' Court.

Their duty in that window is to complete investigations and release you as soon as possible.

If they need longer, they must produce you before a Magistrate and apply for a remand order under section 117 CPC. Police must transmit a copy of the investigation diary and produce you in person.

The maximum periods under section 117(2):

At the remand hearing, you can speak. This is the part people don't realise. You may:

• Ask for a shorter period than the police request, giving reasons — "I will cooperate with the investigation," "I will be available, I won't run away"
• Tell the Magistrate whether any investigation actually took place during your detention
• Be represented — by your own lawyer or through YBGK

The Magistrate has discretion on length, and courts have held the investigation diary must be produced precisely so the Magistrate can see whether the first 24 hours were usefully used and why further detention is justified.

On lawyers at remand: legal commentary in 2026 has stressed that remand proceedings without legal representation should be the exception, not the norm — proceeding without counsel only where the person doesn't want representation or refuses YBGK assistance, or where no counsel appears after reasonable time. A remanded person is presumed innocent, and every day in custody is a deprivation of liberty requiring strict justification.

Watch for "chain-smoking" remand. This is the abusive practice of obtaining a remand order in one jurisdiction, then taking the person to another Magistrates' Court elsewhere to obtain a further order on a different purported offence. The section 117 amendments were designed to prevent it, and courts have described such procedural gymnastics as contrary to the legislature's intention.

5. Police bail

Also called jamin mulut — release by the police before you're charged, based on your undertaking to attend court when required.

Police have discretion to grant it if you can satisfy them you won't abscond and will cooperate. Your lawyer can ask the police to consider it, and that request is worth making early rather than assuming remand is inevitable.

6. Free legal help — YBGK

Most Malaysians don't know this exists.

Yayasan Bantuan Guaman Kebangsaan (YBGK) provides free legal representation in criminal matters at all stages — arrest, remand, bail applications and mitigation — subject to a means test.

The limitation: it generally covers criminal cases except those carrying the death sentence, where separate arrangements apply. Check current scope at ybgk.org.my.

The Bar Council's Legal Aid Centres (LAC) also operate in each state, and the Red Book expressly lists the LAC as one of the numbers to call from the police station.

If you're the family member on the outside: find out the police station, the name and contact of the Investigating Officer (IO), and follow up with the IO closely — so that if the person is charged, you know which court to attend.

What to actually do

If you're arrested:

• Don't resist. Don't argue. Don't run.
• Ask what offence you're being arrested for. If you're not told, note that.
• Note the officer's name, rank and ID number, and the station you're taken to.
• Say clearly that you want to contact a lawyer, and that you want your lawyer present before questioning.
• Make your call — family, lawyer, or LAC. Give them: that you've been arrested, the time, place and reason, the arresting officer's ID, and which station.
• Don't answer questions about the offence before you've had legal advice. You may decline to answer anything that could expose you to a charge.
• Ask for medical attention if you need it.
• Write everything down as soon as you're able.

At remand:

• Ask for a shorter period with specific reasons.
• Tell the Magistrate if no investigation happened during your detention.
• Ask about YBGK if you don't have a lawyer.
• Ask your lawyer to raise police bail.

If you're the family member:

• Get the station, the IO's name and contact.
• Contact a lawyer or the LAC immediately.
• Attend the remand hearing if you can.
• Bring medication if the person needs it.