Explained: Can a person be charged in a Malaysian hospital instead of a courtroom?

KUALA LUMPUR, Aug 17 — The legal system in Malaysia allows an accused individual to be charged or face trial while hospitalized, rather than being required to appear in a traditional courtroom. Criminal lawyers have explained the circumstances under which this can occur:

1. Charging in a hospital: It is indeed possible for a court to be held in a hospital ward, according to senior criminal lawyer Datuk N. Sivananthan. He explained that the ward can be designated as an open court, allowing proceedings to proceed as if in a regular court. Section 7 of the Criminal Procedure Code (CPC) and Sections 15 and 15A of the Courts of Judicature Act (CJA) provide legal provisions for this.

These provisions enable court proceedings to be held in open spaces or confined areas like hospitals, nursing homes, police stations, or prisons, depending on the necessity of the case.

2. The prosecution's role: To charge a person in a hospital, the prosecution must request the judge to consider the matter. According to Sivananthan, the accused's defense lawyers cannot object unless the accused is unfit to understand the proceedings. The police would assess the accused's health condition in advance before the judge decides on the charging process in the hospital ward. If the court permits, the necessary equipment and personnel would be present in the ward to record the proceedings.

3. Reasons for hospital charging: The prosecution might seek to charge an accused person in a hospital when there is a delay in the charge due to the accused's frequent hospitalizations. The judge or magistrate will assess the request based on the accused's health conditions and advice from medical officers. The judge must be at the hospital ward, declare it an open court, read out the charge, explain the plea options, record the plea, and set bail if granted. The ward must allow access for lawyers and the public, as required by an open court.

4. Remand and trials: The question arises whether remand hearings and trials can also take place in hospitals. The consensus among criminal lawyers is that yes, they can. The essential requirement is that a High Court judge or judicial officer conducts the proceedings, and all procedural and legal safeguards for criminal cases must be observed.