KUALA LUMPUR: A law expert has called on the courts to suspend the sentencing of Movement Control Order (MCO) violators and put them under house arrest on a good behaviour bond.
Professor Datuk Salleh Buang, who suggested this to prevent crowding in prisons, said the suspension of sentencing was provided for under the Criminal Procedure Code (CPC).
“Of course this is subject to several conditions or good behaviour bonds that he or she continues to stay home at all times, or be returned to prison.
“When the MCO is over, he or she can be made to serve the sentence.”
He said the person in question must submit to routine or daily police checks.
“If he or she continues to insist on flouting MCO, the authorities can suspend their driving licences. For minor offenders, parents can also be charged concurrently for negligence.
“This is the best way to address the issue as most do not have the money to settle the fine, which can be up to RM1,000, and will opt for the prison sentence not exceeding six months,” said Salleh in reference to the provisions under the Prevention and Control of Infectious Diseases (Measures Within the Infected Local Areas) Regulations 2020.
He said this was better than sending people to prison outright and undoing all the social distancing efforts.
However, Salleh said opting for a community service sentence as suggested by non-governmental organisations might be risky.
Lawyer Mohamed Haniff Khatri Abdulla said regardless of MCO or offences, judges had the discretion to mete out sentences.
He said the only exception was the maximum sentence. Here, judges were bound by statutes which provided the maximum term for sentences and any bylaws thereof, he added.
“However, this does not mean that the court must issue a sentence or fine, because under the CPC or sentencing law, whenever a provision provides for a sentencing of imprisonment, you have a choice to give a bound over sentence.
“Bound over means that you allow for the sentence to be suspended for three years or two years under supervision on a bond.
“If there is no breach of a bond, then the sentence will never be meted out.”
Haniff said judges had the discretion to sentence offenders to community service instead, even if imprisonment was prescribed, as this was provided under the law.
“If someone comes before the magistrate and he decides in favour of community service or a combination with jail time, it can be postponed until MCO is lifted. That is suspended sentencing.”
He, however, said, both styles of sentencing should only be allowed for light offences, such as violating MCO to buy cigarettes and alcohol.
Those charged with committing severe offences like attacking or abusing officers on duty should be jailed, he said.
“I have suggested that the Prisons Department, with the help of the Home Ministry, gazette temporary Covid-19 prisons where offenders are made to practise social distancing and do community work to alleviate the situation caused by the outbreak of Covid-19, such as making masks, baking bread or sewing.”
He proposed using the National Service Centres nationwide to carry out those activities.
Haniff also said all these just required the supervision of one warden and a few officers, who could be recruited among retired policemen or those from the armed forces.
“The government can explore a lot of options with the assistance and guidance from the Attorney-General’s Chambers.”