PARLIAMENT | The government has tabled an amendment to the Dangerous Drugs Act 1952 (DDA) which seeks to give courts the power to sentence drug traffickers to life in prison, instead of the mandatory death penalty.

The amendment, which makes it compulsory for convicts to assist enforcement agencies in busting drug trafficking activities to escape death row, was tabled at the Dewan Rakyat for first reading by Minister in the Prime Minister's Department Azalina Othman Said today.

Under the amendment to Section 39B(2) of the Act, any person who is involved in the trafficking of dangerous drugs "shall be punished on conviction with death or imprisonment for life and shall, if he is not sentenced to death, be punished with whipping of no less than 15 strokes".

However, not every individual convicted of drug trafficking will be exempted from the death penalty.

Those who qualify for the lesser sentence must obtain written certification from the public prosecutor of assistance provided to an enforcement agency in the disruption of drug trafficking activities, and show that they are only involved in the transporting, carrying, sending or delivering dangerous drugs.

The court will also need to take into consideration several other conditions, such as there being no evidence of buying and selling of dangerous drugs at the time of arrest, and no involvement of agent provocateurs.

Once enforced, the amended DDA will apply to any person who has been charged but not convicted under Section 39B.  

It is also not applicable to cases on appeal, which have to go through the existing due process.

The government is planning to pass the amendment bill in this session of Parliament, which ends on Nov 30.