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THE government is looking to introduce a law that will allow house arrest as an alternative punishment for certain offences, Prime Minister Anwar Ibrahim said during his 2025 budget speech yesterday.
“The government will draft a new Act to allow home detention as an alternative for certain offences.
“Offenders will be required to stay at a designated detention place, such as a residence, care home, or workers’ dormitory, throughout the detention period, subject to conditions set and monitored by Prison Officers,” he said.
No existing legal provisions allow prisoners to serve their sentences under house arrest.
However, the Prison Act 1995 does contain a provision under Section 3 that allows for the designation of specific locations as prisons.
According to the Act, the minister may, by notification in the gazette, declare any house, building, enclosure, or place - or any part thereof - to be a prison for the Act, enabling the imprisonment or detention of persons lawfully in custody.
Similarly, the minister has the authority to revoke such a declaration, thus ceasing the designated location's status as a prison under the Act.
Prison officers will set and monitor the conditions for house arrest, which would ensure their compliance with the punishment, he said.
This measure will provide an alternative to traditional incarceration, focussing on rehabilitation while ensuring offenders remain under close supervision, Anwar said.
The announcement came months after former prime minister Datuk Seri Najib Razak claimed that he is eligible to serve the remainder of his sentence under house arrest.
The claim was based on a "purported supplementary" order issued by the 16th Yang di-Pertuan Agong, Al-Sultan Abdullah Ri'ayatuddin Al-Mustafa Billah Shah. - October 19, 2024