punishment are provided for those violating the law which are custodial70 and noncustodial71.
There is no specific law relating to restoration and rehabilitation in Malaysia but few
pockets within the law exist. These pockets within the law known as alternative
forms of sentencing in place of imprisonment are:
(i) Compounding offences
(ii) Community services
Provided under Section 260 of the CPC where
the offences under this section may with the
consent of the court before which the case is
pending be compounded for example, the
person to whom the hurt has been caused.
No plea will be recorded under this section
and the case cannot be prosecuted. The
composition of offence under this section
shall have the effect of an acquittal. No
offence under the Penal Code, not
mentioned under this section shall be
compounded.
Under Section 293(1)(i)(ii)(iii) of the CPC
when any youthful offender is convicted
before any criminal court of any offence
punishable by fine or imprisonment. The
court may instead of awarding anytime of
imprisonment in default of payment of the
fine or passing a sentence of imprisonment,
make an order requiring the offender to
perform community service not exceeding
240 hours in aggregate of such nature at such
time and subject to such conditions specified
by the court.
Community service means any work and any
work service or instruction for the
betterment of public at large and includes,
where any work performed involves
payment to the prison or local authority.
Community service shall be under the
minister charged with the responsibility for
woman, family, and community. Particular
Section 293(1)(e)(i)(ii)(iii) of the CPC relates
to youthful offenders in position of
70
71
Detention in prisons or detention centres.
Fine, bond of good behaviour or community service.
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