Your Right to a Lawyer at the Station
The law gives an arrested person the right to consult a lawyer, and anyone can ask for advice.
Sources checked 2026-09-15
What is your right under CPC section 28A?
If you are arrested, you have the right to consult a lawyer. CPC section 28A(1) says a person who is arrested must be allowed to contact a lawyer of their choice [f1]. If you went in yourself as a witness, you can still ask to speak to a lawyer first, but the law does not give you a right to have one in the room.
Article 5(3) of the Federal Constitution backs this up, guaranteeing the right to consult and be defended by a lawyer [f2].
This is not a favour the police grant you. It is a constitutional right protected by law.
How does the right work in practice?
Under CPC section 28A(2), you speak to your lawyer within a reasonable time, in sight of a police officer but out of their hearing [f3]. The officer can see you talking to your lawyer but cannot listen.
Your lawyer comes to the station, meets you in this way and advises you before any questioning starts. If you have been called to give a statement to the police, the lawyer prepares you for the questions.
If you are arrested, Article 5(3) and CPC section 28A give you the right to consult a lawyer before questioning. There is no general right to have your lawyer sit with you during the interview.
If you are called as a witness and not arrested, whether your lawyer can come into the room is up to the officer, so ask in advance.
When can the right be delayed?
There is one narrow exception. CPC section 28A(8) lets the police delay your access to a lawyer if they believe it would lead to evidence being destroyed or an accomplice escaping [f4]. It needs authorisation from an officer of DSP rank or above.
If the police rely on this exception, ask for the reason and note it. Cooperate calmly and contact a lawyer as soon as the delay ends. Note the time you asked and the time you were allowed to contact a lawyer.
What does your lawyer do at the station?
Under the Legal Profession Act 1976, a practising lawyer has the right to visit and speak to anyone held at a police station [f5]. This is what the lawyer does once there.
Before questioning, the lawyer goes over the facts with you and spots the risks. If the officer allows the lawyer into the room, they advise you on each question during the statement and help you answer accurately. They warn you about questions that could incriminate you.
After the session, they check the written statement line by line before you sign.
The lawyer does not answer for you; you speak for yourself. But you have a trained adviser before and after the session.
How do you use this right without a confrontation?
You do not need to argue with officers. A calm, polite request is enough. Say you would like to speak to your lawyer under CPC section 28A before any questioning begins.
If you meet resistance, note the officer’s name and badge number. Follow lawful directions, but make clear you are asking for a lawyer. Contact your lawyer or the Malaysian Bar’s Legal Aid Centre to follow up.
How do you arrange a lawyer before you go?
It is best to arrange a lawyer before you go to the station. Contact a lawyer, give them the appointment details and leave time to prepare. If you are not sure where to find one, our finding legal help guide sets out your options.
If cost is a worry, legal aid may be available if you qualify. The earlier you arrange help, the better prepared you and your lawyer will be.
What if you were brought in without warning?
Sometimes people are taken to the station with no notice. If you are arrested, your right to a lawyer applies. Ask the officer to let you phone a lawyer. Under CPC section 28A(1), the police must allow this [f1].
You do not have to give a statement before speaking to your lawyer. If you feel pressured, say politely that you want to use your right to a lawyer before going on. Read more about your rights during arrest and rights during investigation.
Sources
- Criminal Procedure Code (CPC), Section 28A
- Federal Constitution of Malaysia, Article 5(3)
- Legal Profession Act 1976
- Malaysian Bar Council, Legal Aid Centre
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Can I ask for a lawyer at the station if I am not under arrest?
You can consult a lawyer before you go. Article 5(3) of the Federal Constitution and CPC section 28A give an arrested person the right to consult a lawyer. If you are only going in to give a statement, there is no statutory right to have a lawyer in the room, and that is up to the officer. Ask in advance.
What does the lawyer do while I am at the station?
The lawyer advises you before questioning. Whether the lawyer can sit with you while your statement is taken is up to the officer, as there is no general right to this. If allowed in, they help you understand each question, warn you about questions that could incriminate you, and check the written statement before you sign.
Can the police delay my right to a lawyer?
Under CPC section 28A(8), the police may delay access to a lawyer only on specified grounds, such as a belief that it would lead to evidence being destroyed or an accomplice escaping, and with authorisation from an officer of DSP rank or above. If you think a delay was not justified, tell your lawyer.
What if the police say I cannot have a lawyer?
If you are arrested, politely mention CPC section 28A and Article 5(3) of the Federal Constitution, which give you a legal right to consult a lawyer. If the officer still refuses, note their name and badge number, cooperate calmly and contact a lawyer as soon as you can.
Does the lawyer answer for me during the statement?
No. The lawyer advises you, but you give your own answers. The lawyer may suggest how to word an answer or advise you not to answer a particular question. They check the written statement for accuracy before you sign.
How do I arrange for a lawyer to come to the station?
Contact a lawyer before your appointment and give them the date, time and station. If you cannot afford a lawyer, contact the Legal Aid Department or the Malaysian Bar's Legal Aid Centre. Do this early so the lawyer has time to prepare.
What if I am taken to the station suddenly?
Under CPC section 28A(1), you have the right to contact a lawyer after arrest. Ask the police to let you make a phone call. A lawyer can come to the station once contacted. You do not have to give a statement before speaking to a lawyer.
Related pages
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Need a Lawyer for Your Frozen Account Case?
Request Lawyer ContactFor people seeking legal representation. For general information, use our guides and tools.
Independent information resource, not a law firm. We do not provide legal advice. Where appropriate and with your consent, we can connect you with an independent lawyer. Availability and acceptance of a case are not guaranteed. How referral works