Majlis Peguam cadang had tempoh tahanan tertuduh menunggu bicara

Majlis Peguam, Malaysia's Bar Council, has proposed steps to reduce the delays in criminal cases, including ensuring almost complete pre-trial investigations before charges are filed. The proposals come after Chief Judge Wan Ahmad Farid expressed concerns over individuals being detained for lengthy periods while awaiting trials.

Vivek Sukumaran, president of the Bar Council, suggested prioritizing the investigation of suspects still in custody, alongside stricter control of continuances and periodic reviews of committal to ensure detention remains justified. He emphasized that no one should be detained for over two years without a definitive court decision, except when judges believe there is a strong reason to do so.

Vivek also highlighted the need for fixed bail amounts based on the suspect's ability to pay, as some individuals are detained for minor offenses simply because they cannot afford bail or secure a surety. The Bar Council president referenced a FMT report expressing Chief Judge Wan Ahmad Farid's concerns about suspects being detained for too long while awaiting trials.

According to Vivek, current rules in Malaysia allow suspects to remain in custody for years after being charged, extending well past the initial 12-month period set for resolving criminal cases in Magistrates' and Sessions Courts as of 2017. However, Malaysia could learn from England and Wales, which set detention time limits through legislation, with only extraordinary circumstances permitting extensions.

Scotland has also established a statutory time limit for criminal proceedings involving detained suspects. Failing to adhere to these time limits could result in a bail application being granted unless the court allows an extension. Vivek suggested that judges should have broader discretion to grant bail in appropriate cases, even under the Anti-terrorism, Crime and Security Act 2001 and Section 41B of the Dangerous Drugs Act 1952.