process includes the number, identity, social status, profession, citizenship and the
judicial process, attitude of the prisoner while serving time in prison; self-recovery,
social relation, observation of the rules, participation in regular activities or
programs, participation in vocational training, family visits, residence (the place to
live after being released), profession, legal permission and resume and
recommendations.
4.5
Q & A Session
I.
Ms.Naomi from the UK asking question about practical ways of the court to
facilitate remand process. What is the emphasis on those under custody to get
legal access?
Ms. Rozilah answered, in Malaysia there are three ground stages where offenders
before charged, the investigation is done under remand. The prosecution would
normally bail so offenders would not have to go to prison. We try not to impose
huge amount of bail for those pending trials. It is very useful at times the
investigation, the background, the family background not very comprehensive.
Sometimes, the court do not know background of offenders in details. Probably
more time is needed by officers to come out with report.
II.
Ms.Yoges, KL Legal Aid stated that she believes that despite having provisional
order, the courts have used it for rehabilitation in very limited cases. Most of the
time, these request for alternative punishments are requested from lawyers and
not made by the judiciary. She opines that it should come from both sides. The
alternative punishments mentioned by Ms. Rozilah are seldom being used by the
court in sentencing offenders.
Ms. Rozilah said that all the circumstances of an offence will be disclosed by the
prosecution during the trial of the case. The court does not do a background check
on the offenders. The prosecutor discloses these details for the court's
consideration. Ideally if they have this information from for example, the Bar
Council or an official social welfare report then they could order suitable
alternative sentences for an offender.
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