House Arrest Does Not Mean Living Freely

PETALING JAYA: House arrest does not merely mean that a prisoner is prohibited from leaving their residence throughout the detention period, but also that they cannot live freely and must comply with conditions imposed by the authorities.

Former Attorney General Tan Sri Mohamed Apandi Ali said a house arrest order comes with specific conditions that must be observed by the prisoner, although certain activities may still be carried out within the residence subject to those conditions.

“A house arrest order has its own specific conditions, and the prisoner is required to comply with them.

“However, a person may carry out activities within the confines of the residence, subject to certain conditions,” he told Utusan Malaysia.

Yesterday, Sultan Ibrahim, Yang di-Pertuan Agong, granted Datuk Seri Najib Razak a conditional pardon allowing him to serve the remainder of his sentence under house arrest until Aug 23, 2028, provided he pays the RM50 million fine.

The decision was made with the consent of the Yang di-Pertuan Agong, who chaired the Federal Territories Pardons Board meeting.

Meanwhile, former Court of Appeal judge Datuk Yaacob Md Sam said house arrest is a form of sentence enforcement in which a prisoner serves the remainder of their sentence at a designated residence, subject to conditions and controls determined by the authorities.

He said the Prisons Act 1995 already contains provisions that accommodate the concept of house arrest.

“The definition of a prison under Section 2 of the Prisons Act 1995 includes houses and buildings. Under Section 3, the Home Minister has the power to gazette any house or building as a prison to enable a prisoner to serve a sentence there.

“Section 26 of the Prisons Act provides that the Prisons Director-General’s Standing Orders apply to the procedures for managing and controlling the movement of prisoners serving house arrest. Therefore, the Prisons Department can establish standing orders as a mechanism for managing house arrest,” he said.

Yaacob added that during his two years as Deputy Head of the Prosecution Division at the Attorney General’s Chambers, he prepared the Attorney General’s opinions for Pardons Boards nationwide at both the federal and state levels.

Utusan Malaysia