House Arrest Is There Such A Thing


 



KINIGUIDE | All eyes are on Najib Abdul Razak after the former premier claimed that the previous Yang di-Pertuan Agong had given him additional clemency.
Apart from the halved prison sentence and heavily reduced fine, Najib claimed that on Jan 29, the former king issued an addendum to the Pardons Board decision - which would allow him to be placed under house arrest.
Therefore, Najib is seeking leave to compel various government representatives - the home minister, the attorney-general, the Pardons Board, the federal government, and a few other respondents - to confirm the royal addendum.
In this instalment of KiniGuide, Malaysiakini will dwell on a “house arrest” and what it entails - and if such a provision exists in the current legal framework.
What exactly is a ‘house arrest’?
Criminologist P Sundramoorthy of Universiti Sains Malaysia’s Centre for Policy Research explained that a house arrest programme in civil democratic societies involves an order to confine individuals to their homes for the duration of the sentence, except for certain reasons such as medical appointments or court appearances.
These individuals, Sundramoorthy said, will often require authorisation to leave their residence.
Typically, individuals on house arrest have a curfew, which requires them to remain at home during specific hours or overnight.
“Electronic devices such as ankle bracelets are used to monitor their movements and activities.
“The device tracks their location, ensuring that they stay within the prescribed geographic boundaries,” he told Malaysiakini.
While these individuals are allowed to leave their residence for work, school, medical appointments or other authorised activities, he said they must return within the designated period.
Who can request and what are the conditions?
This might come as a surprise to many, but the answer to this is no one can apply or request for “house arrest” in Malaysia.
Criminal lawyer Goh Cia Yee clarified that there is currently no application process for “house arrest” as there’s no such provision in the country's legal system.
Wait a minute! This ‘provision’ doesn’t exist in Malaysian law?
The short answer to this burning question is no.
Goh asserted that “house arrest” or “house detention” is not an existing alternative to imprisonment.
Lawyer-cum-Pasir Gudang MP Hassan Abdul Karim concurred, saying there are no regulations or subsidiary legislations about “house arrest”.
Pasir Gudang MP Hassan Abdul Karim“I don’t hear any bill tabled in the Parliament for such provisions called ‘house arrest’.
“Without proper statutes or acts, nobody can apply for house arrest. This is totally against the principle of rule of law,” the PKR lawmaker stressed.
But do we have somewhat similar provisions?
Lawyer Andrew Khoo pointed out that Section 43 of the Prison Act 1995 allows for the release of any prisoner “on licence” but it is “subjected to any regulation made by the minister” - in this case, falls under the purview of Home Minister Saifuddin Nasution Ismail.
The provision also stipulates that the “conditions” for the release of any prisoner “may be specified in the licence”.
In March, Putrajaya had agreed in principle to implement the licensed prisoner release, through home detention, for prisoners serving jail time of four years and below, as an effort to reduce overcrowding in prisons.
Saifuddin said his ministry is in the process of examining the implementation method from the point of view of relevant legal provisions, and whether the existing laws and regulations need to be amended.
Preacher Wan Ji Wan Hussin was one of the individuals let out of prison under the Licensed Release of Prisoners programme.
Preacher Wan Ji Wan HussinSpeaking to Malaysiakini, Wan Ji’s lawyer Saiful Izham Ramli said the programme allows an inmate to live outside the jail, albeit with limited mobility and the need to seek approval to conduct any activities.
“Wan Ji was not placed on house arrest, but a licensed release. As usual, the prisoners will apply for the programme through their lawyers.
“The Prisons Department will decide whether to grant approval or otherwise. Most of the time, the department will send these prisoners to work under employers, where the employers have to provide accommodation.
“The prisoners will also have to go to the parole office to check in every month,” Saiful said.
Is Najib on the ‘list’?
According to Saifuddin on March 4, the incarcerated former prime minister is not eligible for the “home detention” proposal.
The minister told Malaysiakini that only prisoners serving less than four years of jail time, senior citizens, pregnant women and people with disabilities will be on the home detention list.
He also reportedly dismissed the claim that the home detention policy was meant to allow Najib to serve his remaining prison term in the comfort of his home as ill-intentioned.
So... can a royal pardon include a ‘house arrest provision’ if it’s not in the law?
Both Goh and Khoo have expressed concerns and raised questions over this matter.
Goh opined that the powers of the Agong to grant a pardon should be limited to the legal avenues available for sentencing.
This, Goh said, would either be granting Najib a full pardon or a reduction of the former premier’s sentence.
“We are not sure at this juncture what the alleged addendum order means when it mentions house arrest.
“Did it specify the exact conditions of this house arrest? It could be extremely vague, which in turn would make such an order unenforceable. Does it mean a curfew or complete confinement at home?” he questioned.
Khoo was of the view that it might be unconstitutional for the Agong or Pardons Board to order a home detention.
Citing Articles 42(1) and 42(2) of the Federal Constitution, he voiced concerns about whether the Agong’s power to grant pardons and commute a sentence can include the power to direct that a convicted person serves his sentence in a particular way.
Article 42(1) stipulates that the Agong has the power to grant pardons, reprieves and respites in respect of all offences in the Federal Territories of Kuala Lumpur, Labuan and Putrajaya.
Article 42(2) refers to any power conferred by federal or state law to remit, suspend, or commute sentences for any offence shall be exercisable by the Agong. It also mentioned that this power can be exercised without prejudice to any provision of federal law relating to the remission of sentences for good conduct or special services.
“The general question that might be asked is whether the words ‘pardons’, ‘reprieves’, ‘respites’, ‘remit’, ‘suspend’ and ‘commute’ can be said to extend to describing the manner in which a sentence is to be served,” Khoo told Malaysiakini. - Mkini


Artikel ini hanyalah simpanan cache dari url asal penulis yang berkebarangkalian sudah terlalu lama atau sudah dibuang :

http://malaysiansmustknowthetruth.blogspot.com/2024/04/house-arrest-is-there-such-thing.html

Kempen Promosi dan Iklan
Kami memerlukan jasa baik anda untuk menyokong kempen pengiklanan dalam website kami. Serba sedikit anda telah membantu kami untuk mengekalkan servis percuma aggregating ini kepada semua.

Anda juga boleh memberikan sumbangan anda kepada kami dengan menghubungi kami di sini
Najib House Arrest Big Mess For Anwar Unity Government

Najib House Arrest Big Mess For Anwar Unity Government

papar berkaitan - pada 7/4/2024 - jumlah : 221 hits
The story making the rounds was that two Umno ministers collected the Decree from the Agong after reportedly prevailing on him and gave it to the Prime Minister It s surprising the Istana hasn t issued statement on the matter even after it ...
No Intention To Criticise Pm Over Najib S House Arrest Bid Says Umno Youth Chief

No Intention To Criticise Pm Over Najib S House Arrest Bid Says Umno Youth Chief

papar berkaitan - pada 21/4/2024 - jumlah : 253 hits
MELAKA Dr Muhamad Akmal Saleh says he has no intention of criticising Prime Minister Datuk Seri Anwar Ibrahim on the issue of former prime minister Datuk Seri Najib Razak s attempt to serve the remainder of his prison sentence under house a...
Akmal S Right To Question Pm On House Arrest Issue Zaid Tells Adam

Akmal S Right To Question Pm On House Arrest Issue Zaid Tells Adam

papar berkaitan - pada 20/4/2024 - jumlah : 163 hits
Zaid Ibrahim said as prime minister Anwar Ibrahim cannot say he did not wish to be involved as it sets a dangerous precedent PETALING JAYA Zaid Ibrahim has called out PKR Youth chief Adam Adli for hitting out at his Umno counterpart on the ...
Prove Existence Of Addendum Decree For Najib S House Arrest Experts Say

Prove Existence Of Addendum Decree For Najib S House Arrest Experts Say

papar berkaitan - pada 19/4/2024 - jumlah : 195 hits
The existence of the addendum decree for former prime minister Datuk Seri Najib Razak to serve a six year house detention period needs to be proven first National Professors Council Legal and Management Cluster Head of the Governance Profes...
Yoursay The Great Royal Addendum Mystery In Najib S House Arrest

Yoursay The Great Royal Addendum Mystery In Najib S House Arrest

papar berkaitan - pada 18/4/2024 - jumlah : 161 hits
YOURSAY There are a lot of questions that remain unanswered YellowFalcon7173 Did Deputy Prime Minister Ahmad Zahid Hamidi see the himself or did he merely hear about it from International Trade and Investment Minister Tengku Zafrul Abdul Az...
Lawyers Weigh In On Whether Agong Can Grant House Arrest

Lawyers Weigh In On Whether Agong Can Grant House Arrest

papar berkaitan - pada 19/4/2024 - jumlah : 99 hits
Lawyers have expressed concerns over Najib Abdul Razak s claims of a supplementary royal order for the former prime minister s remaining jail sentence to be served under house arrest Speaking to Malaysiakini legal practitioners raised quest...
Najib House Arrest Anwar Says Govt Respects Agong S Discretion

Najib House Arrest Anwar Says Govt Respects Agong S Discretion

papar berkaitan - pada 22/4/2024 - jumlah : 178 hits
The federal government will not question the authority of the former Yang di Pertuan Agong to decide on former prime minister Najib Abdul Razak s house detention said Prime Minister Anwar Ibrahim Speaking at the PKR special convention earli...
Anwar Cannot Stay Silent On Najib House Arrest Say Observers

Anwar Cannot Stay Silent On Najib House Arrest Say Observers

papar berkaitan - pada 19/4/2024 - jumlah : 170 hits
Government cannot afford to delay response to king s order PRIME Minister Datuk Seri Anwar Ibrahim must address the matter of an addendum order from the former king allowing Najib Razak to serve the remainder of his prison sentence at home ...
Tengku Zafrul Writes To High Court Seeking Leave To File Affidavit In Najib S Legal Bid For House Arrest

Tengku Zafrul Writes To High Court Seeking Leave To File Affidavit In Najib S Legal Bid For House Arrest

papar berkaitan - pada 23/4/2024 - jumlah : 219 hits
Tengku Datuk Seri Zafrul Abdul Aziz has written to the High Court seeking its permission to file an affidavit to correct factual errors in another affidavit which claimed that the former Yang di Pertuan Agong had in an addendum order grante...
Rasa Masakan Korea Soondubu Jigae Beef Di Dubuyo

China S President To Host Official Dinner For Anwar

I Bought A Toy Like Vape Online Mp Tells Dewan Chamber

Drama One Cent Thief 2 Lakonan Syafiq Kyle Azira Shafinaz

Tip Mudah Santan Berketul Jadi Elok Semula Letak Sehelai Daun Ini Saja

Unlocking Savings Expert Tips For Finding Discounted Cigarettes In Australia

India Secebis Kenangan Di India Random Photos

Kips Bay Decorator Show House Dallas 2024 An Exquisite Showcase Of Design


echo '';
Biodata Terkini Penyanyi Illa Sabry Peserta Gegar Vaganza 2024 Musim 11 GV11

Info Dan Sinopsis Drama Berepisod Senyawa iQIYI Malaysia

Info Dan Sinopsis Drama Berepisod Project Projek Exit Astro Originals

Pelajari Asal Usul Nama Makhluk Seram Kisah Fiksyen Barat Yang Terkenal

10 Fakta Filem Kahar Kapla High Council Yang Ramai Tak Tahu Prekuel Drama Project Projek High Council


Kisah Care Giver

Building Dreams One Brick At A Time Legoland Malaysia Resort Welcomes Malaysia S First Master Model Builder

Pilih Minyak Wangi Ikut Personaliti Korang

Kalendar Kuda 2025 Malaysia

Makan Yong Tau Foo Taiping

Layanan Samsat Batam Centre Kemudahan Dan Kecepatan Dalam Pelayanan Pajak Kendaraan