KUALA LUMPUR: Some 27,877 prisoners are currently being remanded while awaiting the resolution of their court cases, says Datuk Seri Azalina Othman Said (pic).
The Minister in the Prime Minister’s Department (Law and Institutional Reforms) said the government, through the Chief Registrar of the Federal Court of Malaysia, has also issued a guide to judges and magistrates to manage and resolve cases efficiently.
“Based on information from the Office of the Chief Registrar of the Federal Court of Malaysia and the Prisons Department, the average waiting period for the resolution of criminal cases is between three to 24 months, subject to case developments,” she said in a written reply on Tuesday (Oct 7).
In the same reply, Azalina said the Chief Justice in 2011 had set a general 12-month timeline to conclude criminal cases in court.
The minister also cited a 2017 circular, which set a 12-month resolution timeframe for criminal and civil case resolutions in lower courts, beginning from the date the case is registered.
She further cited a 2019 circular on the timeline for the resolution of civil and criminal cases, applicable for courts in Sabah and Sarawak.
Here, criminal cases in the High Court must be resolved within six months, cases in the Sessions Court to be resolved within nine months, and cases in the Magistrates' Courts to be resolved between three to nine months from the date the case is registered.
She said the government is committed to ensuring the justice system is upheld without any delays or postponements unless there are unavoidable circumstances.
However, she noted that the resolution of criminal cases are influenced by multiple factors including the cases’ complexity, large number of witnesses or accused persons, and the availability of parties or witnesses for subsequent hearings.
“If courts were to strictly adhere to set timelines, there are concerns this could compromise fairness and affect judgments. Judges and magistrates will make every effort to conclude cases within a reasonable time frame,” she said.
She said trials of criminal cases will proceed without any delay to ensure a timely resolution.
“The government is also committed to upholding the principle that all persons are equal before the law and have the right to get equal protection in accordance with Article 8(1) of the Federal Constitution,” she said.
She was responding to a question by Datuk Seri Madius Tangau (PH-Tuaran) who asked about the number of prisoners currently being remanded whilst awaiting trial.
He had also asked about the average waiting period before going for trial, the targeted maximum waiting period and plans to reduce any delays.
