Govt tipped to table Bill next week to abolish mandatory death sentence

KUALA LUMPUR: The government is tipped to table a Bill in Parliament next week to abolish the mandatory death sentence for 11 serious offences, says Minister in the Prime Minister's Department, Datuk Liew Vui Keong.

"The papers for Cabinet consideration has been finalised and will be tabled for Cabinet approval this Friday (July 5).

"We hope to table the Bill in Parliament sometime next week," he told reporters in Parliament lobby on Thursday (July 4).

He said the proposed law will remove the word "mandatory" with regard to the death sentence for 11 serious offences.

"We are going to remove the mandatory death sentence and give the judge discretion in these 11 offences, which include murder, armed robbery and offences against the Yang di-Pertuan Agong.

"The judge will have discretion on whether or not to pass the death sentence after hearing the cases and evidence from witnesses.

"The judge will have the discretion to impose 30 years imprisonment or life imprisonment, instead of the death sentence," he added.

The nine offences fall under the Penal Code and two under the Firearms (Increased Penalties) Act 1971.

Asked if the new law would operate retrospectively, Liew said they were still considering the matter.

He said this was because there was a moratorium on death sentence imposed upon conviction, including appeal process to the pardons board.

Liew said the proposed changes in the law would not include the death sentence under Section 39B of the Dangerous Drug Act 1952.

He noted the death sentence under drug law would be looked at separately with amendments made at a later date.

At present, he said judges already had the discretion under Section 39B (2)(b) to impose life imprisonment against a convicted person.

However, he said that judges could only exercise this discretion only if several conditions were met.

"The current provisions are too limited and does not give the judge the freedom to exercise the discretion," he added.

Liew said the move to abolish mandatory death sentence was in line with the Pakatan Harapan manifesto.