House gazetted as prison must function as real jail

A house designated as a prison must be transformed into a genuine correctional facility, devoid of any tools that could be deemed weapons or hazardous to inmates or prison staff. According to the Prisons Act 1995, a property designated as a prison must serve as such, with inmates and prison personnel being the sole occupants, situated within security fencing and equipped with scanning machines.

Lawyer Datuk Shamsuddin Nawawi explained that these guidelines are enshrined in the Prisons Act 1995, which enforces prisons as restricted and secure zones. For instance, if former Prime Minister Datuk Seri Najib Razak's residence does not adhere to the mandated fencing standards, it must be installed. Additionally, the residence should exclusively accommodate the inmate, not other occupants.

In Najib's specific scenario, his wife, Datin Seri Rosmah Mansor, cannot reside in the same house. A prison is where individuals serve their sentences. Therefore, if a house has been designated as a prison, the person being detained cannot be anyone else. Najib has been granted house arrest for the remainder of his sentence, contingent on his payment of the RM50 million fine imposed for his conviction in the SRC International case.

Shamsuddin stated that the public must correct the misconception that Najib would reside at home like any other individual. Visitors would need to comply with prison regulations, such as passing through a scanning machine and having their visits documented. Any house could potentially be designated as a prison under Section 3 of the Prisons Act 1995, which grants the minister the power to gazette any residence or building as a prison.

Currently, Malaysia lacks procedures or methods for designating a house as a prison. The regulations for converting a house into a prison could be established without the need for parliamentary approval; it falls under the purview of the minister and the prisons director-general.