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The preponderancy of an arresting process is paramount in determining the legality of an arrest. An unlawful arrest may warrant dreadful consequences such as the writ of habeas corpus and claim for damages for unlawful detention or common law assault. The article seeks to examine the arrest procedure with regard to the offence of absence without leave and desertion in the Military Judicial System of the United Kingdom (UK) and Malaysia. The discussion shall briefly include the historical development of UK’s military judicial system before the enactment of the UK’s Armed Forces Act 1971 as well as the issues leading to the amendment of the Act in 1971 specifically in respect of the provision of the arrest for the offences mentioned above. The study is critical because the arrest clause appears in the Army Act 1955 (UK), which was later amended in UK’s Armed Forces 1971 Act, is comparable in comparison to the arresting provision provided in Section 174 (4) of the Malaysian Armed Forces Act 1972. Essentially, while the UK Government has amended the Army Act 1955, the same provision is still applicable in Malaysia.
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In-Text Citation: (Dahari, Saman, & Rahim, 2020)
To Cite this Article: Dahari, J. R., Saman, M. M., & Rahim, N. H. (2020) Leslie Parkes and N Thamendran Cases: The Question of Arrest Made by The Police and Military Authorities in Relation to The Armed Forces Absentees and Deserters in United Kingdom and Malaysia. International Journal Academic Research in Business and Social Sciences. 10(8), 885-894.
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