KUALA LUMPUR: The Prisons Department has started applying to the courts to review the mandatory death or life imprisonment sentences of 1,020 prisoners.
The courts would then have the discretion to impose a different sentence depending on the crime, said Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform) Ramkarpal Singh.
The application process comes after the unity government successfully amended laws that prescribed mandatory death and life imprisonment sentences.
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 yesterday.
Under the Act, the court has the discretion to impose prison sentences of between 30 and 40 years or even the death penalty, depending on the crime.
If not sentenced to death, convicts can also be punished with whipping of no fewer than 12 strokes.
This process is among the first steps in the unity government’s plan to transform the criminal justice system.
Ramkarpal said a 90-day period, which began yesterday, had been set for the Prisons Department to complete the pre-filing procedures and application process for all 1,020 prisoners.
“This will 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 efiling system, with the courts,” he said at a press conference yesterday.
He added that a standardised format for the applications would be used to ensure none of the 1,020 prisoners is left behind.
“We have come up with a mechanism to allow for the Prisons Department to file a standard application motion that is supported by a standard supporting affidavit.
“This is to ensure a smooth application process and that all cases are filed before the 90-day deadline,” he said, adding that the courts would have the discretion to extend the 90-day period.
After the 90-day period, prisoners would then undergo the standard court process, which includes the appointment of a lawyer by the prisoners themselves, by the courts, or by the National Legal Aid Foundation, Ramkarpal added.
“For non-Malaysian prisoners, the Prisons Department will discuss with their country’s respective consulates the appointment of a legal representative,” he said.
He said that after undergoing the standard court proceedings, prisoners with life imprisonment sentences could have their sentences amended.
However, those facing the death penalty could see their sentences maintained, depending on the court’s decision.
“Should their sentences be maintained, those on death row will continue their lives in prison as death row inmates.
“However, these prisoners will not be executed as there is a moratorium on executions that has been active since 2018,” he said, adding that they can still request a royal pardon.
Of the 1,020 prisoners, 573 are Malaysians.
