Police

1.0 Introduction
Discretionary powers referred to the exercisable of powers in its discretion by the concerned authority. In modern democracies system, discretionary powers are commonly conferred on the administration. The officer has power to make choices between various courses of action; or even if he has to achieve a specific end, he has a choice as to how that the end results may be reached. It is the exercise of expert proficiency and judgment, as contrasting to firm adherence to regulations or statutes, in making a decision or performing official acts or duties.
Exercise of power would be lawful if it is exercised by the authority upon whom it is conferred. This is the general view, where one must apply his own mind to the case and if he does not do so, he is said as not exercised the discretionary power given wisely where the non-exercise of discretionary power by the parties whom it is conferred would lead to illegitimate action.
  2.0 Police Discretionary Powers
A public body is given with particular scope of duty and obligation by a statute in order to exercise accordingly. This particular body can’t delegate the power given to them to other person or body as not to exercise a discretionary power. It is because the discretion must be exercise personally where the person given with such power must apply his own mind to the facts and circumstances of each case. A case of no-application of mind also arises when the authority does not act with due care and caution and sense of responsibility in exercising its discretion.
Police is one of a public body which exercise the discretionary powers. They are responsible to safeguard the law. Malaysian police authority had been given such powers by virtue of Police Act 1967. According to the Police Act, policeman has to follows the limitation given by the act in regards of the organization, discipline, powers and duties of the Royal Malaysia Police and matters related to it. The powers of the policemen had...