Power of Magistrate to inquire into complaint of misconduct or breach of duty
39.—(1) Where a complaint is made on oath to a Magistrate that any person is improperly detained in an approved institution or a community rehabilitation centre by reason of any misconduct or breach of duty on the part of any officer in the discharge of his functions pursuant to this Act, the Magistrate may —
(a)
inquire into the complaint himself; or
(b)
direct a police officer to make an inquiry for the purpose of ascertaining the truth or falsehood of the complaint and report to the Magistrate the result of the inquiry.
[Act 30 of 2012 wef 28/04/2014]
[12/77]
(2) Every inquiry under subsection (1) shall be conducted in private, except that the procedure for conducting any inquiry shall be such as the Magistrate considers appropriate in the circumstances of the case.
[12/77]
(3) A Magistrate or a police officer conducting any inquiry under subsection (1) shall have all the powers conferred on him by the Criminal Procedure Code (Cap. 68) in relation to the attendance and examination of witnesses, the taking of evidence and the production of documents.
[12/77]
(4) If, after considering the result of any such inquiry, the Magistrate is satisfied that any person who is detained in an approved institution or a community rehabilitation centre ought not to be so detained, the Magistrate may make an order for the discharge of that person from the approved institution or community rehabilitation centre and that person shall be discharged accordingly.
[Act 30 of 2012 wef 28/04/2014]
(5) Any order or decision of the Magistrate made under this section shall be final.
[12/77]
(6) No evidence taken for the purpose of any such inquiry shall be admissible in any civil or criminal proceedings, except where the person who gave that evidence is charged with giving or fabricating false evidence.