justice system in Malaysia does provide various safeguards to “protect an accused person”. Briefly, the Federal Constitution of Malaysia is the supreme law of Malaysia. The hierarchy of the courts in Malaysia starts with the Magistrate Court as the first level, followed by Sessions Court, High Court, and the Appellate Courts. The Appellate Courts consist of the Court of Appeal and the Federal Court. The Federal Court is the highest court of the land and the final appellate court in Malaysia. The Magistrate Court tries all offences where the maximum term of imprisonment does not exceed 10 years or punishable with a fine not exceeding RM 10,000 (USD 2,389.20) whipping of up to 12 strokes or a combination of these. The Sessions Court tries all offences except for cases punishable by death. The High Court deals with cases that carry the death penalty, and the Appellate Courts hear appeals for the High Court’s decision relating to criminal matters. In the criminal justice system in Malaysia, the courts adjudicate and apply the law. Upon conviction, the court exercises its discretion in sentencing within the perimeters of the law. The Penal code codifies most criminal offences and enlisted punishments, which mostly are imprisonment, whipping and fines. Judicial discretion in sentencing must be exercised not only in accordance with the rules of reason and justice but also in accordance with the provision of law.69 So, courts must be granted with judicial discretion to determine facts of each case before meting out punishment. Sentences should be handed down judiciously and proportionately to ensure that justice is administered within circumstances surrounding the offence. Ms. Rozilah further elaborated that there are two stages of institutionalising offenders involving courts: Offenders are remanded in prisons while waiting for their i. Pre-trial stage case to be concluded. However, the law provides bail pending conclusion of trial. Malaysia’s Criminal Procedure Code (CPC) provides for bail under chapter 38. ii. Sentencing stage Short-term imprisonment for drug related offences and minor crimes. For cases involving young offenders, juveniles and women with little children, section 294 of the CPC provides for bond of good behaviour for first time offenders. On theories of punishment, Ms. Rozilah mentioned that rules and regulations are to ensure law and order in society. A person who breaks the rules would be punished according to the respective laws. The punishment is defined as methods which society uses to enforce desired standard of conducts and methods of dealing with offenders after a crime has been committed. Punishment is aimed at retribution, deterrent or prevention, incapacitation, restoration, and rehabilitation. Two types of 69 Rex v. Abu Kasim Bin Babu [1940] MLJ 243. 41