PETALING JAYA: The Home Ministry is in the final stages of reviewing a proposed Bill on house arrest with the Attorney-General’s Chambers (AGC), Home Minister Datuk Seri Saifuddin Nasution Ismail said.
He said the Bill, being drafted by the ministry and the Malaysian Prisons Department, focuses on remand prisoners.
“There is currently no specific legal provision under the Home Ministry or the Malaysian Prisons Department that allows a prisoner to serve a prison sentence at their own residence through a house arrest mechanism.
“In this regard, the Home Ministry is drafting a Bill on house arrest, which focuses on remand prisoners and is currently in the final stages of review by the ministry and the Attorney-General’s Chambers.”
Saifuddin was responding in a written parliamentary reply to Ngeh Koo Ham (Beruas-PH), who asked him to specify the legal provisions under which a prisoner could be allowed to serve a prison sentence under house arrest at their own residence.
However, Saifuddin said prisoners could be considered for a pardon, a reduction or commutation of their sentences, or a reprieve from the execution of their sentences under Article 42 of the Federal Constitution.
“Such consideration is subject to the jurisdiction of the Pardons Board and the consent of the Yang di-Pertuan Agong, the respective Rulers or the Yang di-Pertua Negeri, as applicable.”
He said a conditional pardon, granted under the royal prerogative of mercy on the advice of the Pardons Board, must be distinguished from house arrest provided for under specific legislation.
