KUALA LUMPUR: The Revision of Sentence of Death and Imprisonment for Natural Life (Temporary Jurisdiction of the Federal Court) Bill 2023 will come into effect starting tomorrow, (Sept 12).
Law and Institutional Reform Minister Datuk Seri Azalina Othman Said the cabinet on Aug 30 had come to an agreement on the proposed mechanism to conduct court proceedings in relation to the review of the mandatory death sentence and life imprisonment that has been developed upon various engagements with stakeholders.
Among them are the Attorney-General's Chambers, the Federal Court Chief Registrar's Office, the Prisons Department, the National Legal Aid Foundation (YBGK), the Malaysian Bar Council, the Sabah Law Society, the Advocates Association of Sarawak and the Prime Minister's Department's Legal Affairs Division.
"The implementation of the court proceeding mechanism allows all 1,020 prisoners who have been sentenced to mandatory death and life imprisonment to file an application in court to review their respective sentences.
"The mechanism's implementation will prioritise factors such as the prisoner's age, health level and period of incarceration and others," she said in a statement.
Azalina said the government has agreed to allow death-sentence prisoners with no financial capability to seek legal aid from lawyers appointed by the Court Assigned Counsel, whereas prisoners sentenced to life imprisonment can seek legal services from YBGK.
"The enforcement of Act 846 through a mechanism that has been agreed upon by the cabinet reflects the government's commitment to promoting and protecting universal human rights.
"This proves that the principle of restorative justice in the criminal justice system in Malaysia is preserved.
"This also demonstrates the unity government's compassion to give death sentence and life imprisonment prisoners a second chance to return to society and family as well as to continue their survival as ordinary citizens," she said.
In April, the Dewan Rakyat unanimously passed a bill to abolish the mandatory death penalty through a voice vote.
The bill proposes to give judges the option to impose jail terms of up to 40 years instead of the death penalty.