NOVEMBER 8 — Alas, Home Minister Saifuddin Nasution Ismail came, stood and explained the proposed so-called house arrest law in the Dewan Rakyat on Thursday (Nov 7).

Saifuddin clarified that the proposed house arrest law would apply only to those in remand detention awaiting their trial dates.

"The Ministry’s intention in drafting this law is to address remand detention. If someone has already been convicted and is not (sic) found guilty, they will not be included in this category,” he added during the Home Ministry’s wind-up speech on Budget 2025.

Saifuddin said the government also wanted to let the courts decide whether a suspect should be placed under house arrest, adding that house arrest orders could be given due to health reasons.

If that is so, is it necessary to create a Bill (a proposed law) that would be passed into a new Act of Parliament? There is existing legislation which can be amended.

A suspect, or rather an accused person, is held on remand after he is denied bail by the court in accordance with the law and settled principle. The law is contained in Chapter XXXVIII (on Bail) of the Criminal Procedure Code (CPC).

If the legislature’s intention is to give the court the discretion to order an accused person who has been denied bail pending trial to be placed under house arrest, then the law can be inserted by way of amendments to the Chapter.

Be that as it may, it’s best to wait for the Bill to be drafted. Let there be public consultation.

What says the minister?

** This is the personal opinion of the writers or publication and does not necessarily represent the views of Malay Mail.