Constructive Arrest: An Analysis of the Case of PP v Mohd Safwan Husain
Bibliographic record
Abstract
After the landmark principle in Shaaban & Ors v. Chong Fook Kam & Anor that established a different set of definition for arrest in Malaysia Criminal Procedure Law in 1969, the case of Pendakwa Raya lwn. Mohd Safwan Husain again stirred the definition of arrest in the year of 2017. While it has long been a norm in this area of law to differentiate arrest into actual and constructive arrest, the judgment of Mohd Safwan Husain commented the differentiation critically. This paper aims to analyse the arrest happened in the case of Mohd Safwan Husain thoroughly, not only from the perspective of Criminal Procedure Code, but also from the view of Dangerous Drugs Act. Research method used are library research and case analysis. As for now there is no governing law on constructive arrest, the researchers believe that an explanation should be provided on what constitutes a constructive arrest in the Criminal Procedure Code and the present existing provision which is Section 15 Criminal Procedure Code should be amended.
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How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.000 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.000 | 0.001 |
| Scholarly communication | 0.000 | 0.000 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one teacher head, not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".