House arrest Bill excludes convicts, only for remand detainees, Home Ministry tells Dewan Rakyat

A bill aimed at house detention for remand detainees is nearing completion, according to the Malaysian Home Ministry. The legislation, currently in its final review stage, is not intended to cover convicted inmates. In response to a parliamentary question, the ministry clarified that there is currently no legal framework permitting prison sentences to be served at home.

This clarification was provided in response to a query from Beruas MP Ngeh Koo Ham regarding the legal basis for allowing a prisoner to serve a sentence at their residence. The ministry emphasized that Article 42 of the Federal Constitution permits a prisoner to be considered for pardon, sentence reduction, or commutation, subject to approval from the Pardons Board and the Yang di-Pertuan Agong, a Ruler, or a Yang di-Pertua Negeri.

The ministry explicitly distinguished house detention from a conditional pardon, which is a prerogative power exercised on the advice of the Pardons Board. This clarification comes in the wake of Home Minister Datuk Seri Saifuddin Nasution Ismail's announcement that the Prisons Department is finalizing regulations to implement house arrest for former Prime Minister Datuk Seri Najib Razak.

Najib was granted a conditional pardon by the King in October, allowing him to serve his remaining sentence at home until August 2028, contingent upon the payment of a RM50 million fine. Despite the conditional pardon, Najib remains incarcerated in Kajang Prison as the fine has not yet been settled.