discharge the child upon execution of a bond
of good behaviour, or order the child to be
placed under the care of a fit and proper
person or order the child to pay fine,
compensation or costs or make a service of
community order or make a probation order
or order the child to be admitted to an
approved school or a Henry Gurney school.
Section 426(1)A of the CPC provides for the
application of the principles of restoration.
For example, when the accused has been
convicted for his crime, the law gives power
to the court to order the accused to pay
compensation to the victim of the crime in
respect to the injury of the person, character
or loss of his income or property.
In her conclusion, Ms. Rozilah stated that generally the mindset of society is that
criminals must be punished with imprisonment. Criminals must be locked away and
be separated from the society as they bring danger and negative influence on the
community. Therefore, being in prison is perceived as the most viable solution to
protecting the society. If the court orders for an alternative to imprisonment, it might
raise issues of inadequate sentencing which leads to appeals. Thus, awareness
among public at large and the legal fraternity is deemed important to ensure efforts
to introduce and to execute alternatives to imprisonment will be a success.
4.2
Mr. AG. Kalidas Krishnan Gnanaprakasam, President of Bar Council, Malaysia in the
introduction of his presentation stated that prison is never a pleasant place where
violence, overcrowding and other conditions pose a grave risk to prisoner’s health
and safety. Besides, they are most likely to be exposed to and contract COVID-19
during the pandemic and this will lead to severe outbreaks in prisons and detention
centres.74 Overcrowding results in poor sanitation and living conditions where
physical distancing is simply impossible. Other than COVID-19, prisoners are exposed
to infectious diseases such as AIDS and Tuberculosis while in prison.
A. Tokyo Rules on Custody
According to the 12th Malaysia Plan, about 17.2% prisons in Malaysia were operating
beyond their capacity in 2020 with 61.7% of inmates there were imprisoned due to
drug-related crimes. Mr. Kalidas stressed that there is a need for a rehabilitative
justice in the Malaysian justice system. In 1990, the UN Standard Minimum Rules for
Non-Custodial Measures (Tokyo Rules) was tabled and adopted at the UN General
Assembly. The Tokyo Rules emphasises and promotes the use of non-custodial
measures that take into consideration the rights of offenders, the rights of victims
74
COVID-19 ‘Behind Bars Data Project’, UCLA and John Hopkins University.
45