Govt to draft new law for 'house arrest': Anwar

BUDGET 2025 | The government has indicated plans to draft a new law to allow “house arrest” as an alternative punishment for selected offences.

Finance Minister Anwar Ibrahim’s budget speech included a portion that focused on “second chances”.

“The government will draft a new law to allow for home detention as an alternative (punishment) for selected offences.

“The offender will be required to be at a place deemed suitable such as a residential home, a care home, or a workers’ hostel throughout the period of detention, under set conditions, and observed by a Prison Department officer.”

Anwar did not verbally announce this in the Dewan Rakyat but the plans were included in the printout of his Budget 2025 speech released by the Finance Ministry.

Currently, no prisoners in Malaysia can apply for house arrest as there is no such provision in the country’s legal system, according to lawyers.

The issue had become a hot-button topic since January after former prime minister Najib Abdul Razak claimed the previous Yang di-Pertuan Agong had granted him clemency.

This was supposedly done through an addendum to a Pardons Board decision which would allow him to be placed under house arrest.

READ MORE: KINIGUIDE | 'House arrest': Is there such a thing?

However, lawyer Andrew Khoo previously said Section 43 of the Prison Act 1995 allows for the release of any prisoner “on licence”, “subjected to any regulation made by the minister” - in this case, Home Minister Saifuddin Nasution Ismail.

The provision also stipulates that the “conditions” for the release of any prisoner “may be specified in the licence”.

In March, Putrajaya agreed in principle to implement the licensed prisoner release, through home detention, for prisoners serving jail time of four years and below, as an effort to reduce overcrowding in prisons.

Meanwhile, Anwar’s speech also stated that the second chance policy would benefit over 170,000 people declared bankrupt and allow them to rebuild their lives.

“Going forward, the second chance policy is extended to companies that have gone bankrupt,” he said.

He added that the government will continue with efforts to integrate released convicts through the Prison Department’s Second Chance Program (Peka), also with the involvement of the National Anti-Drug Agency.

“RM10 million is provided to make the Peka program a success. The Baitul Mahabbah programme will also be continued by the Immigration Department in collaboration with NGOs and related international organisations.

“This is to ensure that migrant children are protected in a suitable temporary place other than the Immigration Detention depot,” said Anwar.

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