Should all offences under SOACA be made seizable by law?

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All Offences Under the Sexual Offences Against Children Act 2017 Should Be Made Seizable

All offences under the Sexual Offences Against Children Act 2017 (SOACA) should be classified as seizable offences by law. This would grant police the authority to arrest individuals without a warrant and proceed with investigations without requiring an Order to Investigate (OTI) from the public prosecutor. Currently, while most SOACA offences are seizable, Section 19, which addresses the failure to report sexual crimes against children, remains a non-seizable offence, a classification considered to trivialise the gravity of such omissions.
Seizable Offences Allow for Immediate Police Action

The distinction between seizable and non-seizable offences significantly impacts police investigative powers. Seizable offences, as defined under the Criminal Procedure Code (CPC), permit law enforcement officers to effect an arrest without a warrant and commence investigations immediately. This immediate action is crucial in cases involving children, where time is of the essence to gather evidence and ensure the safety of potential victims.
Non-Seizable Offences Require Prior Prosecutor Approval

In contrast, non-seizable offences necessitate an Order to Investigate (OTI) from the public prosecutor or deputy public prosecutor before any investigation can lawfully commence. High Court rulings, such as in Chan Ah Moi v Phang Wai Ann and PP v Cha Chor Kian, have clarified that investigations into non-seizable offences conducted without such an OTI would render any collected evidence inadmissible. This procedural requirement can lead to delays, potentially jeopardising investigations.
Section 19 of SOACA Should Not Be Trivialised

Section 19 of SOACA, concerning the failure to report sexual crimes against children, is currently a non-seizable offence with a maximum fine of RM5,000. This classification is argued to be inappropriate given the serious nature of the underlying offences it pertains to. The omission to report such crimes, especially when related to the commission of severe offences against children, should not be treated as a minor infraction.
Amending SOACA Would Enhance Child Protection

Classifying all SOACA offences, including Section 19, as seizable would align with the principle that no aspect of child sexual abuse should be considered trivial. Such an amendment to SOACA would strengthen the legal framework for protecting children by empowering the police to act swiftly and decisively in all related matters, ensuring a more robust response to safeguarding the welfare of vulnerable minors.

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Should all offences under SOACA be made seizable by law?

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