KUALA LUMPUR: Individuals under remand awaiting trial may qualify for home detention under a proposed law, according to Home Minister Datuk Seri Saifuddin Nasution Ismail.
Saifuddin Nasution said under the home detention bill, courts would have the discretion to assess eligibility and order individuals to undergo house arrest with a ‘’restraining device’’ until their trial date.
However, he said home detention would not apply to individuals convicted of offences carrying the death penalty or life imprisonment, offences related to national security under Chapter 6 of the Penal Code, or offences under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act (ATIPSOM) 2007.
“It also does not apply to those involved in serious crimes with sentences of 10 years or more, offences under Section 39(b) of the Dangerous Drugs Act, domestic violence and child abuse offences, and offences carrying mandatory whipping sentences.
“Therefore, the Home Ministry (KDN) targets this bill to apply to remand detainees and those not involved in the offences mentioned earlier,” he said when winding up the debate on the Supply (Budget) Bill 2025 at the policy stage for his ministry in the Dewan Rakyat today.
He said KDN recommends that the restraining device used in home detention should not be limited to handcuffs but could include other specialised equipment, and that the bill would be harmonised with existing regulations or laws through amendments.
“Honourable Gelugor would likely agree with KDN’s proposal that (the new law) grants the court the authority to make a decision.
“In Sections 43, 46 and 47 of the Prisons Act, which deal with issues such as licensed release, parole orders and mandatory attendance orders, the authority lies with the Minister, who directs the Prisons director-general to make regulations.
“However, placing individuals under home detention with the use of restraining devices (other than handcuffs) will require new legislation ... as there is none in the existing act or regulations,“ he said.
Earlier, Ramkarpal Singh (PH-Bukit Gelugor) and Datuk Seri Takiyuddin Hassan (PN-Kota Bharu) interjected, seeking clarification on whether the discretion and powers of the minister would be removed from the Prisons Act in the drafting of the new bill.
Earlier, Saifuddin explained that the bill is to address the issue of overcrowding in prisons, which currently house 87,229 individuals nationwide, comprising those behind bars and those participating in community rehabilitation programmes through parole orders, licensed release and mandatory attendance orders.
He said the number of individuals under remand in prisons has now reached 28,000.
“Therefore, we believe that prison overcrowding is caused by those under remand and pending trial dates,“ he said.
According to Saifuddin, the ministry has already received Cabinet approval to draft the new bill, and discussions with the Attorney General’s Chambers regarding the framework of the bill are ongoing, along with engagement sessions with all key stakeholders, including the Parliamentary Special Select Committee.
