What is meant by MISCONDUCT of the enforcement officers and law enforcement agencies? According to subsection 24(1) of Act 700, types of misconduct are as follows:
- any ACTION TAKEN or NOT TAKEN by an enforcement officer or law enforcement agency which:
- is contrary to written laws;
- is unreasonable, unjust, oppresive or inappropriately discriminatory;
- is done on an improper motive, or irrelevant reason or consideration;
- is based on an erroneous law or fact; and
- Reasons should have been given but not issued.
- failure to follow the rules and procedures laid down by law or by the relevant authorities; and
- any criminal offence committed by an enforcement officer or law enforcement agencies.
Examples of misconduct:
- Complaint by complainant was not taken properly where the officer receiving the complaint failed to record the details provided by the complainant.
- The investigation took too long and the complainant were not informed about the status of the investigation despite contacting the investigating officer repeatedly.
- The investigating officer delaying the investigation.
- The charge is imposed without taking full account of the facts of the case and the applicable law.
- Enforcement officers making instructions that benefit certain parties.
- Untimely closure of investigation paper (No Further Action), 1-3 days.
- Enforcement agencies do not take action to apprehend the criminals despite their widespread crimes have been reported and the perpetrators have been identified.