She said the magistrates should also ensure the suspects are in good health when they are brought before them.
The new practice direction will come into effect on Wednesday, and the two previous orders issued in 2003 and 2011 are now revoked.
Tengku Maimun said a lawyer must also show proof that the suspect has appointed him.
She said a magistrate must ensure the suspect is present, and the remand application, investigation diary and other documents are in order before beginning the hearing.
The suspect must also confirm with the magistrate that he (or she) has been given the opportunity to get a lawyer of his choice.
“If the suspect has not appointed a lawyer, it must be determined that he plans to get the services of one,” she said in the practice direction dated Sept 10 sighted by FMT.
The magistrate must also inform the suspect that he is entitled to the services of counsel from the National Legal Aid Foundation, an agency funded by the government.
She said the investigation officer should also ensure that the lawyer appointed by the suspect has been contacted, or the suspect has plans to get one from the foundation.
“The remand proceeding should be adjourned to a reasonable period of time to enable a lawyer to be present to appear for the suspect,” she said.
However, the hearing can be held as scheduled if a suspect refuses to have a lawyer of his choice or one from the foundation.
During the proceeding, she said, police must update the magistrate on the status of their investigation in order to detain the suspect or to obtain further remand.
The suspect must also inform the magistrate how he was treated during detention and his health status. Police must send the suspect to hospital should the magistrate find that he needs medical treatment.
The practice direction outlines, among others, who else can hear remand applications in the absence of a magistrate.
It is believed to have been issued in light of several reports of custodial deaths and magistrates failing to strictly follow procedures laid down in the Criminal Procedure Code.
In April, Federal Court judge Vernon Ong Lam Kiat said in a judgment that magistrates must strictly comply with the law, including the Federal Constitution, when deciding to grant or refuse remand applications sought by police to detain suspects for investigations under a preventive law.
In that case, the court had allowed a habeas corpus appeal to free a businessman with the “Datuk” title and two policemen over their alleged involvement in online gambling and the Macau scam.