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

Malaysia's criminal justice system allows an accused person to be charged or face trial while in a hospital, rather than waiting for their appearance in a courtroom. Senior criminal lawyer Datuk N. Sivananthan explained that this can occur under specific legal provisions. Section 7 of the Criminal Procedure Code (CPC) and Sections 15 and 15A of the Courts of Judicature Act (CJA) permit a court to treat any location as an open court where proceedings can take place, even if the accused is in a hospital.

Section 15A enables court proceedings to be conducted online. Additionally, the Subordinate Courts Act grants magistrates and Sessions Court judges the power to hold court proceedings in open spaces or confined areas like hospitals, nursing homes, police stations, or prisons if necessity arises. Criminal lawyer Rajsurian Pillai noted that hospital charging is not uncommon in Malaysia and is permissible under Sections 173(a) and 178(1) of the CPC, which do not require the physical courtroom for the proceedings to be valid.

The prosecution must apply to the judge where the charge is registered to charge an accused person in a hospital ward. The court considers various factors, including the accused's health condition and the urgency of the case, before deciding on the venue. If the court agrees, the necessary equipment and personnel, such as court police and court staff, would be present in the ward to record the proceedings.

The judge must declare the hospital ward as an open court, read out the charge, explain the plea options, record the plea, and set the bail amount if applicable. The procedure is similar to an ordinary court process, with an interpreter reading the charge to the conscious accused and recording the plea and bail amount.