Page:Security Offences (Special Measures) Act 2012.pdf/8

8 (8) Upon receipt of the report under subsection (7), the Public Prosecutor may apply to the Court for the person to be attached with an electronic monitoring device in accordance with the provisions in Part III for a period which shall not exceed the remainder of the period of detention allowed under subsection (5). ILLUSTRATION D is arrested for a security offence. After twenty-four hours of detention a Superintendent of Police extended his detention for another seven days. At the expiry of the seven-day period D was released but he was still needed to assist the investigation. Upon receipt of a report from the police officer, the Public Prosecutor may apply to the Court to attach an electronic monitoring device on D. The Court may allow the electronic monitoring device to be attached to D up to a period of twenty-one days.

(9) One week before the expiry of the period of detention under subsection (5), the police officer conducting the investigation shall submit the investigation papers to the Public Prosecutor.

(10) This section shall have effect notwithstanding anything inconsistent with Articles 5 and 9 of the Federal Constitution and section 117 of the Criminal Procedure Code [Act 593].

(11) Subsection (5) shall be reviewed every five years and shall cease to have effect unless, upon the review, a resolution is passed by both Houses of Parliament to extend the period of operation of the provision.

(12) For the purpose of this section, “political belief or political activity” means engaging in a lawful activity through—
 * (a) the expression of an opinion or the pursuit of a course of action made according to the tenets of a political party that is at the relevant time registered under the Societies Act 1966 [Act 335] as evidenced by—
 * (i) membership of or contribution to that party; or
 * (ii) open and active participation in the affairs of that party;
 * (b) the expression of an opinion directed towards any Government in the Federation; or
 * (c) the pursuit of a course of action directed towards any Government in the Federation.