MARCH 8 — Singapore’s home detention scheme (HDS) is provided for in Part 6 of the Prisons Act 1933. It was first inserted into the Act in 2000 as Part IVA with 9 sections (Sections 38A – 38I). It is now Part 6 (Sections 51 – 59) following a 2020 revision.
Section 51 is the Interpretation section for the Part. Section 52 provides for a home detention order (HDO).
The Commissioner of Prisons may, for the purpose of facilitating a prisoner’s rehabilitation and reintegration into society, by order release a prisoner who is eligible for home detention for a period not exceeding 12 months or any other period that the Minister may, by notification in the Gazette, prescribe in substitution thereof.
Section 53 makes provision on eligibility for home detention while Section 54 prescribes the conditions for home detention.
The effects of an HDO are stated in Section 55, namely (a) the prisoner is deemed to be serving his or her sentence of imprisonment; (b) the prisoner is deemed to be in the lawful custody of the Superintendent of Prisons; and (c) the prisoner is entitled to earn remission in respect of the period of imprisonment which is served under the order.
A huse arrest or home detention in Malaysia may be doable by amending our Prison Act 1995. — Picture by Sayuti Zainudin
Section 56 allows the Superintendent to recall a prisoner to prison pending the completion of an inquiry on a reasonable suspicion that the prisoner has failed to comply with any of the conditions of the HDO, or has committed any offence while being subject to HDO.
Section 57 empowers the Commissioner to revoke an HDO after due inquiry that included where it is necessary in the public interest to do so.
If not revoked, an HDO may be suspended under Section 58.
Lastly, Section 59 authorises the police to exercise the power to enter and search a premise without warrant to effect the arrest of a prisoner who has failed to return to prison after being recalled by the Superintendent or after his HDO has been revoked by the Commissioner.
Simply put, house arrest or home detention in Malaysia is doable by amending our Prison Act 1995.
It is not onerous and is better than resorting to Section 3 to declare a house a prison.
* This is the personal opinion of the writer or publication and does not necessarily represent the views of Malay Mail.
