Bar Council proposes reforms to cut delays in criminal trials

Chief Justice Wan Ahmad Farid Wan Salleh has expressed concern over lengthy periods accused individuals spend in remand before trials. The Bar Council's criminal law committee chairman, Vivek Sukumaran, has proposed reforms to cut delays in criminal cases. Key recommendations include conducting crucial investigations before charges, prioritising cases with accused persons in custody, imposing stricter controls on postponements, and holding regular judicial reviews to assess if continued detention is necessary.

Vivek also suggested bail should be set based on an accused's financial means, as some remain in remand for minor offences due to inability to pay bail or find a surety. He stated that no one should be held for over two years without a verdict unless a judge finds compelling reasons. The 12-month timeframe for disposing of criminal cases, set by a 2017 registrar's circular, lacks a law enforcing it.

This allows accused individuals to remain in custody for years after being charged while awaiting trial, undermining the presumption of innocence. England and Wales and Scotland have statutory time limits for criminal proceedings with accused persons in custody, but Malaysia should adopt similar measures with allowances for exceptional circumstances.

Lawyers like S Vinesh agree prosecutors should complete key investigations before charging suspects and withdraw charges if not done within three months. Vinesh also emphasized the need for clearer guidelines and judicial reviews to tackle delays, warning that wrongful detention can lead to family breakdowns and loss of livelihood.