KUCHING: The Attorney-General’s Chambers (AGC) and the Legal Affairs Division (BHEUU) have been asked to study and scrutinise the recommendations submitted on the proposed abolition of the mandatory death penalty.
Deputy Minister in the Prime Minister’s Department (Parliament and Law) Datuk Mas Ermieyati Samsudin said a draft Bill related to the amendment would be prepared by the AGC.
“At the same time, an engagement session was also held with academic experts and members of the Dewan Rakyat to get more views on the proposed abolition before it is tabled in Parliament in October,” she said today.
She added that the government was grateful for the cooperation of all parties involved in the matter and hoped that the Bill could be implemented and enforced according to the set timeline.
The government had in principle agreed to the proposal to abolish the mandatory death penalty after the Report on the Study of Substitute Sentences on Mandatory Death Penalty was presented in the Cabinet meeting on June 8.
In line with the decision, a meeting between Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Wan Junaidi Tuanku Jaafar and Attorney-General Tan Sri Idrus Harun was held on June 20.
On June 10, Wan Junaidi said the Cabinet agreed for a study to be carried out on the proposed substitute sentence for 11 offences carrying the mandatory death penalty.
“One of the offences is under Section 39B of the Dangerous Drugs Act 1952 (Act 234) and 22 offences carrying the death penalty but at the discretion of the court.
“This further study will be carried out in collaboration with the AGC, BHEUU, Prime Minister’s Department and other interested ministries or departments.”
He added that this action was significant to ensure that the amendments to the relevant acts take into account the principles of ‘proportionality’ and constitutionality of any proposal to the government later.
“The government will also study the feasibility of the direction of the Criminal Justice System in the country, such as the establishment of a pre-sentencing procedure, the establishment of a Sentencing Council, and the development of Sentencing Guidelines, the establishment of the Law Commission, Prison Reform and the implementation of sentences based on restorative justice,” said Wan Junaidi.