Najib’s house arrest explained: 10 questions about pardons, prison powers and what happens next

Najib Razak's conditional pardon, granted on September 18, allows him to serve the remainder of his jail sentence under house arrest until August 23, 2028. He must pay a RM50 million fine and comply with other conditions. If he breaches any of these conditions, the pardon will be revoked, and he must serve the remaining sentence in prison. The pardon does not mean he has been released; as of September 21, he had not paid the RM50 million fine, and therefore remained in Kajang Prison.

Malaysia does not have a specific law governing house arrest. The Home Minister has stated that no such legislation exists, although it was previously proposed to reduce prison overcrowding. A High Court judge ruled that a previous house arrest order was invalid because it lacked deliberation at the relevant Pardons Board meeting.

Section 43 of the Prison Act provides prison authorities with the discretion to release a prisoner on licence, imposing conditions on that release. This legal mechanism allows a prisoner to remain outside prison while their original jail sentence is still running.

Release on licence can potentially mean serving time at home. Under Regulation 111 of the Prisons Regulations 2000, the Commissioner General may release a prisoner who has served at least four years of their sentence on licence, subject to conditions determined by the Commissioner General. These regulations do not specify the details of a prisoner's life while released on licence, such as living conditions, visits, or communication with people outside.

The Prisons Department is expected to issue standard operating procedures for Najib's house-arrest arrangement, including rules for visits, security, and movement monitoring.

The conditional pardon was granted by the Yang di-Pertuan Agong, Sultan Ibrahim, following the 64th meeting of the Pardons Board for the Federal Territories of Kuala Lumpur.