Filing of death penalty, life imprisonment sentence reviews to be handled by Prison Dept

KUALA LUMPUR: The filing of an application in court to review the mandatory death or life imprisonment sentences of 1,020 prisoners will be handled by the Prisons Department, says Ramkarpal Singh.

The Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) said that the department would be given a 90-day period to begin filing the applications for all 1,020 prisoners which begins Tuesday (Sept 12).

“They will be in charge of all the pre-filing procedures which include the sorting of prisoners according to their details and case details as well as the preparation of the necessary documents to be filed together with the application.

“After which, they will compile and file the application together with a notice of motion and supporting affidavit for each case individually either manually or through the e-filing system to the courts," he said.

He said that his office, together with the Prisons Department and other authorities, had come up with a standardised format for the applications to ensure that none of the 1,020 prisoners are left behind.

“We have come up with a mechanism to allow for the Prisons Department to file a standard application motion which is supported by a standard supporting affidavit.

“This is to ensure a smooth application process as possible in ensuring that all the cases are filed within the 90-day deadline.

“However, the courts will have the discretion to extend the 90-day period further, should reasonable grounds be provided,” he said.

He added that so long as the application was filed within the 90-day period, any court proceedings could be held at a later date after.

This comes after the Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Act 2023 or Act 847 came into force today (Sept 12).

Under the Act, the court now has the discretion to impose the death penalty or imprisonment for a period of not less than 30 years, but not exceeding 40 years; and if not sentenced to death, guilty parties shall also be punished with whipping of no fewer than 12 strokes.

Ramkarpal then explained that prisoners would then undergo the standard court process which included the appointment of a lawyer for the prisoners either by the prisoners themselves, court-assigned lawyers or the National Legal Aid Foundation.

“For non-Malaysian prisoners, the Prisons Department will discuss with their country’s respective consulates for the appointment of a legal representative,” he said.

He added that after undergoing the standard court proceedings, prisoners with life imprisonment sentences are guaranteed to have their sentences replaced by the courts.

However, those facing the death penalty could see their sentences maintained depending on the discretion of the court.

“Should their sentences be maintained, those on death row will continue their life in prison as death row inmates.

“However, these prisoners will not be executed according to the moratorium on executions that has been active since 2018,” he said.