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Ketua Hakim Negara Wan Ahmad Farid Wan Salleh has expressed concerns regarding suspects being detained for extended periods while awaiting trials. The Malaysian Bar Association's Legal Affairs Committee Chairman, Vivek Sukumaran, has proposed several measures to reduce delay in criminal cases, including ensuring that preliminary investigations are nearly complete before someone is charged.

He also suggested that the importance of suspects in custody should be prioritized, along with stricter control of adjournments and regular reviews of bail to determine if continued detention is justified. Vivek emphasized that no one should be detained for over two years without a court's final decision, unless a judge finds strong reasons to do so.

He referred to the need for legal provisions to prevent suspects from remaining in custody for too long prior to trial, and to ensure that delays do not undermine the presumption of innocence until proven guilty. Despite the 2017 guidelines setting a 12-month timeframe for resolving criminal cases from the date of filing, the absence of legal provisions mandating the release of suspects if trials are not initiated promptly means that suspects can remain in custody for years after being charged.

Vivek stated that Malaysia could take inspiration from England and Wales, which have set legal time limits for detention, with extensions only allowed by the courts in extraordinary circumstances. Scotland also set time limits through legislation for criminal proceedings involving suspects in custody. Failing to adhere to these time limits could lead to suspects being granted bail unless the court extends the detention.

Vivek proposed extending detention time if there are justifiable reasons, but delays on the part of the prosecution should not automatically result in continued detention. He also suggested giving magistrates more discretion to grant bail in cases where it is not permitted, including under Section 13 of the Anti-Terrorism, Crime and Security Act 2012 and Section 41B of the Dangerous Drugs Act 1952.

Vivek agreed that the Criminal Procedure Code already sets certain time limits for criminal cases, including 30 days for pre-trial hearings, 60 days for case management, and 90 days for trials to commence after a suspect is charged. He emphasized that unjustified detention not only deprives a suspect of their freedom but can also negatively impact their financial stability and family life.

He asked, "If someone is released after being in custody for several years, can we recover the lost years?"