LETTER | Police discretion is vital but needs to be consistent

LETTER | The classification of a police report is at the discretion of the police. The police also can, upon suspecting an offence has been disclosed even when there is no police lodged, begin enquiries at their discretion.

How they receive or perceive this information has no boundaries in the mode or manner it is disseminated. It is however required by law to be reduced into writing and this is where it becomes mandatory for a police report to be lodged.

Sometimes the cart needs to be put before the horse when the police have to make enquiries first to verify the truth of a matter. This can fall in no-man’s land for a while until the facts of the case become clear.

Tip-offs too, that lead to arrests and seizures usually require immediate action by the police before a report is lodged.

All enforcement agencies have the same discretion and this report then acts as the stand-in First Information Report for all intents and purposes during court proceedings.

In short, police discretion is the norm for the classification and initiation of further investigations and this discretion must be protected and nurtured in the understanding of the checks and balances in the criminal justice system. 

The problem lies when this suspicion and discretion are affected by prejudices and vested interests that are linked to the sociopolitical landscape.

The police being accountable and responsible to the executive are all the time caught between a rock and a hard place when at times, they are expected and pressured to swing their discretion to please the political masters.

The executive who has great influence in police careers, extension of service contracts, emoluments, etc can affect police discretion and at times cause the inability to take fair action against those in the corridors of power or close to it.

This is the area that has to be addressed if we are to improve fair and unbiased discretion in ensuring that all offences - reported or otherwise - are investigated fairly without fear or favour.

Public perception must not only see it, be informed of it but must feel that the police is neutral in any situation.

All the stakeholders in the criminal justice system must take cognisance of the fact that justice must not only be done but seen to be done seriously, without fear or favour, keeping in mind that time is of the essence.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.