From Malay Mail · · 1m
Najib's House Arrest: Not a Get-Out-Of-Jail Free Card
Najib's house arrest is a lawful prison sentence, not a pardon loophole.
In brief
Najib's house arrest is a lawful prison sentence, not a pardon loophole. Malaysia's prison law allows former PM Najib to serve his sentence under house arrest with full prison discipline. Originally reported by Malay Mail.
Najib's house arrest
House arrest is not a get-out-of-jail free card.
“House arrest is not provided by law in Malaysia”
Law allows house arrest
Malaysia's Prison Act 1995 permits house arrest as a lawful sentence.
“The act allows the Home Minister to declare any location a prison”
Section 2 of Prison Act
Section 2 defines prison as any house declared a prison under Section 3.
“Section 2 defines "prison" as "any house, building, enclosure or place, or any part thereof, declared to be a prison under Section 3"”
Section 3 of Prison Act
Home Minister can declare any location a prison by Gazette notification.
“Section 3 empowers the Home Minister to declare, by notification in the Gazette, any house, building, enclosure or place to be a prison”
Section 26 of Prison Act
Najib remains subject to prison discipline during house arrest.
“A prisoner is deemed to be in the lawful custody of the Officer in Charge of the prison and therefore subject to prison discipline”
Section 43 of Prison Act
Commissioner General may modify house arrest conditions at any time.
“The Commissioner General may, at any time if he thinks fit, release on licence and on such conditions as may be specified in the licence”
Lawful sentence
House arrest is a rule of law sentence, not a pardon loophole.
“That makes Najib's house arrest a rule of law sentence”
At a glance
Malaysia's prison law allows former PM Najib to serve his sentence under house arrest with full prison discipline.
