By the time you are reading this, I would already have “graduated” from my Dock Brief Legal Aid Duty. I was stationed at the KL Court during my tenure as a “Dock Briefer”, and had my fair share of unique stories to share.
I write this article with hopes that my stories and experience may culminate into something that may be of help and reference to the younger batch of Dock Briefers, all the OKTs (Orang Kena Tuduh), Court Officers and even non-criminal Lawyers alike.
First of all, to all you pupils who picked Dock Brief, you have made the best choice for your legal aid journey. As someone who had been through 14 weeks of Dock Brief, I can assure you, as long as you read my blog and buy me coffee are well briefed and prepared, you are in for a journey of a lifetime.
Here goes.
What is Dock Brief?
Pupils often misunderstood that Dock Brief only involves mitigation and just basically begging for the OKT’s life. That is WRONG. Dock Brief is basically a collection of different tasks, with the aim of providing legal representation to the OKTs who can’t afford legal representation. Dock Brief is definitely NOT about forcing people to plead guilty so that you can have mitigation session to boast about. You should always keep the best interest of the OKT in the long run, and weigh the balance for them.
There are way more tasks that are expected to be done by a Dock Briefer, and below are the complete list of tasks I’ve ascertained / done:
a) Mitigation
The bread and butter of Dock Brief. There are a few techniques and important things I address down below.
b) Bail Applications
The full procedure will be further explained futher down below.
c) Explaining to Bailors on the procedures to pay Bail and get the OKTs out.
Unless you have read this guide before or that you are practicing in a criminal firm, I can guarantee you that you would not know how to handle this procedure.
I have learnt this the hard way, but now for the sake and convenience of the families of the OKT, I’m here to simplify the procedures for you.
Step 1: Mitigate to get lesser bail amount.
Step 2: After the judge gave Court Bail and Bail Sum, proceed to ask the surety to get the bill from the interpreter.
Step 3: Ask him to pay the bill and open an account at B1, the Ikat Jamin Counter in front of Maybank. Thereafter, bring the receipt back to the interpreter of the same court. The OKT should be released by then. Refer further down below in the event that the surety cannot be present on time or the surety cannot pay bail on the same date that the bail was given.
d) Explaining to families of OKT on the procedures to pay the Fine.
The same procedure applies.
e) Making oral submissions for whatever requests (OKT wants to go to Tanjung Rambutan
Pretty self explanatory. This will be discussed later down below.
Common Cases in Dock Brief which I have handled include:
s.12 and s.15 DDA Cases (or sometimes commonly charged with as Urine Cases”)
Pro Tip: For these type of cases, the sentence would only be given ONCE the Chemist Report is ready. A Chemist Report is an official report from the Government Chemist which reports on whether the test result is positive or negative. In the absence of these report, a plea of guilt would still not attract any sentences. Therefore, you might want to ask the OKT on whether he/she wants bail.
If they do get bail, ensure that they come back during the next date. They can plead guilty again when the report is out and the result is positive, thereafter just paying fine.
s.420 – Cheating (Consider the application of s.173A/ s.294)
s.380 – Theft (Consider the application of s.173A/ s.294)
Assault and Battery
Tresspass
s.15 Immigration Cases (Fine of not less than RM10,000) – p/s: Thanks Wai Yee for pointing this out!
I will talk about the cases I handled which dealt with these sections down below.
Task 1: Identifying the problems / client to help
So you are excited to start your Dock Brief Journey. You have read the Blue or Green Guide Book given to you by LAC and Mr. Mani, taken the mitigation forms, and only read my article up to this paragraph. You are assigned to Court XX. You meet up with your Dock Brief Mates at Dock Brief Room (Level 1, the big door beside the CDM Machine) laughing at the person who got assigned for Dock Brief Room Duty not knowing its one of the better duties to do at times. You registered your attendance and head up to your court.
You passed by the families and the OKT’s on police/court bail outside the court. The door is locked but because we are smartasses, you coolly walked in to the court using the Witness Room’s Door which is unlocked most of the time but unknown to public. You sit on the bar table thinking of what drink to buy for Weera what should be your next move.
So whats next?
You need to identify whether there are cases for you to help out with (THERE ALWAYS IS, unless you are in the Children’s Court). But how?
This can be done either by asking the police and/or court interpreter for the list of cases for the day. This may or may not work, however, for reason that you should understand.
Different Courts have different methods, and some tend to be more cooperative and helpful as compared to the others.
IF at all you are not given the list of cases, ask directly whether there are “Jatuh Hukum” or “Ikat Jamin” cases. The Police will then tell you the answer straight away NO matter what is the answer to that question, you must always be inquisitive and expect the unexpected. If there are no cases in the morning that needs you, chances are there will be in the afternoon session, even if you are being suggested otherwise. It is very normal for cases to be transferred from one court to another court, of which you will either be transferred as well or be on the receiving end.
You can also interview the OKTs and/or their families at the gallery to predict whether there are cases that are suitable for you to handle.
You can also check the cause list online at EFS – https://efs.kehakiman.gov.my/EFSWeb/
Pro Tip from Ms. Yen Hui – efskehakiman file search tip- pick the particular magistrate also under “NAMA”, easier way to get the cause list.
Task 2: Interviewing Skills – Knowing your KEY WEAPONS to use.
You will very rarely have enough time to interview the clients.
So what if you can’t interview the client? STAND THE MATTER DOWN. Just say along the lines of:
“Dengan Izin, Tuan / Puan, saya ingin memohon agar perkara ini ditangguhkan seketika kerana saya masih belum berkesempatan untuk menemubual OKT bagi tujuan mitigasi.
I once stood 3 matters down in a row to interview my clients, but this is not recommended and did appear as disruptive. Only do this when the OKT really needs more time to be interviewed.
Do not be too engrossed in filling in your mitigation forms that was provided. Just take points that are useful for your mitigation purposes. Over time, you can do this easily even without the forms.
Ask questions and get points that may help make your OKT stand out (Health Condition, the distinct motives for committing the crime, et al). Be creative and think outside the box. Pro Tip: If the mitigation points are the same and standard, be creative with the way you submit (Refer to the last mitigation that I did as an example, which is provided down below).
Task 3: Making Submissions and knowing the type of result that you are going after
I won’t be giving too much sample on how to mitigate / submit for you, as it is always about your personal style. Standard mitigation would result in standard outcome, of which you should avoid.
Be polite and sincere while making your submission. Have eye-contact with the Magistrate from time to time and be confident. Check beforehand whether your offence is bailable/ and or what sentences it would impose to the OKT.
Do you have to cite cases every now and then? NO. Cite cases only when you really have to or in special circumstances like when you are trying to apply s.173A / s.294 (will be discussed down below)
Always use the word “Saya difahamkan bahawa..” (I was made understood that..) and “saya berharap Mahkamah dapat mempertimbangkan penggunaan s.173A / s.294…” or end with “saya merayu kepada Pihak Mahkamah agar menjatuhkan hukuman seringan-ringannya….”
Don’t be rude and use words like “Aku”, “Mahkamah sepatutnya” and so on. Nobody likes rude counsel, be it in the Civil or Criminal Court.
IMPORTANT: Always ask whether the OKT wants to pay fine (recommended when he is just recently arrested), or penjara dari tarikh tangkap (“imprisonment from the date of arrest”). Usually, if the OKT is already in remand for 3 months (this is normal due to the absence of chemist report and no bail), you should ask for penjara dari tarikh tangkap.
Do not assume that every OKT can afford to pay fine. Ask them and ascertain their preference.
Task 4: Following through and keeping up with the procedures
Remember to always explain the procedures of paying fine and how to secure the release of OKT who got and paid the bail sum. If you forgot how to, scroll back up above.
Thereafter, conclude your day by following through with the OKT/Surety/Family. There are often times I gave my phone number (NOT RECOMMENDED), and get calls at wee hours. I still do give my phone number away when I deem fit, but no, you shouldn’t give it away like the love you used to give to your ex.
Make sure to report and share your experiences to your programme coordinator and friends so they know what to expect and know what they can improve on in the future.
What to expect during your typical Dock Brief Session
To simplify, these are the procedures / process that takes place in court:
- You go to court. You try to ask police whether there are jatuh hukum cases. You try to find and talk to OKTs and/or their families who are on bail at outside the court or inside the gallery. Often times they misconstrue your intentions as if you are one of the touts, of which can be countered easily once you give them a brief explanation that your services are free of charge. You should always advice your clients on the repercussions of pleading guilty – Having a criminal record might cause problems in passport renewals and/or getting certain jobs.
- Do not expect anyone to be nice to you. Be firm and confident. Do not be swayed by touts who may undermine your skills. If you are unsure of anything, contact your programme coordinator and DPP, or your last resort, me.
- Basically, the OKT would be brought to the lock up. You would then ask permission from the police and DPP to interview them.
- You only would have around 2 minutes to interview the OKT, which sometimes can be around 15 of them in the lock up.
- The Court will be in session not long after that. Once your case is called, stand up. Let the DPP introduce you (the DPP will say “Rakan Terpelajar saya dari Pusat Bantuan Guaman”, then you will introduce yourself). If you are appearing again for another OKT, just repeat the process, but this time the DPP will say “Pihak-Pihak yang sama”. You will then say something along the lines “Benar, “your name” sekali bagi pihak OKT”
- The charge would then be read. After the charge is read, the interpreter will proceed to ask the OKT whether he wants to plead guilty. For Drugs Cases, even if he pleads guilty, to give a sentence the Chemist Report is still required. There are instances where the OKT would plead guilty, but the Chemist Report is negative, so the OKT was released on the spot.
- Once an OKT, pleads guilty, the Magistrate will say “Rayuan”, which means it is your cue to stand up and start mitigating. The same process goes for Bail.
- For Bail, you need to ensure that the surety is there. This would sometimes involve you helping the OKT to contact their surety. If the surety could not arrive on time, inform the court and request for it to be stood down to a later time/afternoon session. Inform the interpreter as soon as possible once the surety arrives thereafter.
What I did right in Dock Brief
Be creative. Be bold.
Don’t submit standard mitigations as standard mitigation will attract standard outcomes.
Do not let yourself do something that even the OKTs can do better themselves (This has happened a lot of times, but should never be the case).
I was daring enough to try and pray to the court to consider s.173A and s.294, especially when it involves cases which are slightly unusual (non-drug related cases).
When I make oral submissions, I find facts that makes the different OKT from the rest, and I make my submissions more interesting yet concise.
The following example was how I submitted for my last time in Criminal Court, in relation to a bail application:
“dan juga sedikit di luar konteks Puan… Hari ini merupakan hari terakhir saya akan membuat mitigasi bagi OKT-OKT bagi pihak YBGK… Saya telah menemubual ramai penjamin sepanjang perjalanan saya… DAN berani saya katakan… Penjamin merupakan seorang yang berada di kalangan orang yang bertanggungjawab… “
Notice how different it is (Though all the lawyers laughed upon hearing that). However, it is not boring, and importantly, you got the message across and REMEMBERED.
At the end, I managed to get a bail of RM1000.00 for a DDA case. (Which is very very reasonable).
Important Information about Bail and Fines
Bail Sum differs depending on the facts of the case, ability and background of OKT and Surety, the number of charge and of course your mitigation skills.
Typically for a s.12 DDA case, the range is around RM1.2k to RM2.5k. If there are 2 charges, this would be multiplied by 2. If bail cannot be paid on the same day, bail can always be paid during any other times, but then the OKT will stay in prison till then.
Some advice from Ms. Yen Hui – Usually police bail is given because the police is satisfy with the investigation and don’t need to keep the suspect in the lockup for days. The police bail is to ensure the suspect to attend Court (if the DPP decide to charge the suspect) or return to police station for further investigation. When the suspect is charged in the Court, the police bail is technically lapsed! The suspect, now the accused have to ask for a court bail if he claim trials. so, the fact that the suspect turns up in the court mean he is not a flight risk and he is willing to cooperate with the authorities are factors to be considered by the Court when granting the bail.
Procedure to pay fine- If the Court order the accused to pay fine ONLY, no imprisonment term, then, yes, after paying fine, the accused can walk out from the Court. However if the Court sentenced the accused to one day imprisonment AND to pay fine, currently the “procedure” is: the accused would be sent to the prison to record the “one day imprisonment”, and the accused would be released from the prison, provided the family members pay the fine on the same day. This tip is again provided by Ms. Yen Hui!
My top 8 bizarre cases / stories that I handled
During my tenure as a Dock Briefer for the Pusat Bantuan Guaman, I’ve handled over 40 cases (3 on average per week for the 14 weeks).
The Wan Azizah’s Car Window Smashing Case – Fine of RM1000.00
A woman charged under s.420 – a successful application of s.294, Released on bond
Bail application for a man charged under s.12 DDA-
A middle-aged man who is (allegedly) a psychiatric patient and asked to go to Tanjung Rambutan – Got sent to HKL instead
A man charged with theft of a belt worth RM83.00
A man and 2 woman charged with tresspass into a private property
Few other cases of which is worth mentioning that I did not handle
A MBA Student charged with theft – Successful application of s.173A. Tendered her straight As report card as evidence.
Outspoken crazy dentist turned MMA fighter charged for criminal intimidation, successful application of s. 173A
When should you apply s.173A and s.294
Apply these sections / invite the court to consider these sections especially when it involves cases which are unusual. And what I mean unusual, there are strong factors in support of the OKT, like a brilliant student, very young and first time offenders.
These sections are also usually usable only in cases which does not involve drug cases, as drug cases are extremely common offences.
Why should you be eager to apply s.173A / s.294? Because they can be released on bond without any criminal record being recorded – s.173A. You should always advice your clients on the repercussions on pleading guilty – Having a criminal record might cause problems in passport renewals and/or getting certain jobs.
For s.173A, make sure there is a surety. For s.294, the court has a discretion to release an OKT with or without surety on bond.
P/S: On my last day of mitigation, after few failed several attempts, I managed to secure a release without surety on bond for a mother of 2 (s.420 case that I cited above).
What I did wrong
Back when I started doing Dock Brief, I was afraid of doing mistakes. I was not being inquisitive enough. Trust is important, but just because something was told to you, you shouldn’t just assume that it is the truth. If the officers say that there are no cases, please do your ground work and really confirm that was really the case. Sometimes there are no cases for you to handle in the morning, but there are always new cases for you to handle in the afternoon session (After 2 P.M).
The only reason why you are not needed are:
- The OKTs are already represented by a lawyer / touts.
- The OKTs are not confident about you and therefore prefer to mitigate / do the talking themselves (of which you should explain to them the downside of doing so)
- There are only case mentions (Chemist Report not ready)
- There are really no cases on that day for that particular court (Due to Christmas or whatsoever). You should then make sure that there are also no new cases in the afternoon whereby the new cases would appear unexpectedly. Be prepared for cases that might be transferred out or into your court, which you might have to handle.
Please also be careful to not be entangled with tout’s activities.
Common Important FAQs (Will be updated from time to time based on the questions posed to me)
Q: The families of the OKT could not pay the bail today even though you successfully got bail of RMXXXX. Should the family of OKT ask another Dock Briefer to apply for bail again?
A: No. But the OKT will be released only a few days after an OTP (Order to Produce) is given. After the surety makes the payment of bail (not on the day he was given the bail), ask the surety to head back to the same court and meet the interpreter to give the receipt and to be issued with an OTP.
The OTP will be sent to the police and prison, whereby the Court will call the OKT’s case again in court to be released on bail.
Q: Why do some of the cases get “Postponed”? I wasted so much time interviewing him.
A: This usually happens for Drug Cases, whereby the Chemist Report have yet to be prepared. The Chemist Report usually takes around 2-3 months to be prepared due to the sheer volume of Drug Cases. To save time, ask the OKT when was he arrested. If you dont have access to the OKT, look at the case number, etc 08/2018 would mean that he was charged on the month of August. Therefore, it’s nearly impossible for the Chemist Report to be prepared for that particular OKT. This is my tactic to know which OKT I should focus helping on.
It is also very usual for OKTs who could not understand the charge that was read to him, due to language barriers.
Q: An OKT already has Police Bail, now that he comes to Court for his first mention ad does not Plead Guilty, does he still need to apply for Bail?
A: Yes. Police Bail is free. Court Bail has to be applied for in this scenario.
Demo of how to mitigate for lesser sentences and how to mitigate for bail
I’ll upload the Youtube Video here once the video is recorded. Stay tuned.
Weera’s Final Note
……IF there are still things that you are unclear of…
You can also ring me up at 0132959836 or send me a DM on Facebook at https://www.facebook.com/Weera Premananda for any Malaysia Dock Brief Legal Aid questions.
Please always be remember to be patient with the OKTs and/or their families. The same applies to dealing with the DPP(s), Court Officers and the police officers. Always imagine yourself being in their shoes.
Before I end this long write-up, I would like to give a special thank you to my Master and boss, Mr. Justin Ong and Ms. Faye Lim, whom had never stopped given me encouragement since the beginning of my Dock Brief journey.
To Ms. Yen Hui and Mr. Mani, if you are reading this, I would like you to know that both of your presence do make a lot of difference, not just to the Criminal Justice System, but also to the young budding criminal lawyers.
I would also like to thank all the Magistrates, DPPs, Court Officers and Police who had been kind enough to help me in the process, and especially DPP, Tuan Amirul Asyraf, and also the Magistrates of Court 1, 2, 3, 4, 5, and 8.
Finally, I would like to thank a few of my Dock Brief Mates in Batch 96, especially my Friday Group Mates and few other great friends from other groups:
Bobby, (leader of Friday Group who had done a fantastic job), Raihana, Ezra, Zu Hao, Cynthia, Mura (sorry for the marks on your CPC statute lol), Kumara, Rhupa,Katryne, Yuen Soon, Rasyiqah, Liana, Kitman, Chean Hong, Sue, Keith, Bahar, Nicholas (for giving some tips on how to properly liaise with the DPP), Ivor, Wan Ying (you still owe me plenty of drinks) , Kar Man, Sean Tan & Jie Luan & Azim (for helping Ms.Asya out), Denise, Wai Yee (the kindest girl in Batch 96), and Wayne (gossip duo). Not forgetting Jean Siow too for the most bizarre american dentist/mma fighter case.
And not forgetting the OKTs that I have helped and met along my journey. As much as I had made a difference in their life, they too, had made a difference in mine.
Till then,
Fiat Justicia Ruat Caelum.
Weera Premananda @ Soon Jin Xue
Dated this 9th Day of September, 2018
  You can undermine my skills,
You must question my integrity,
But you should never doubt my loyalty.
– Weera to his boss, the court and the woman he loves.
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