Govt agrees to abolish mandatory death penalty

PUTRAJAYA - The government has agreed to abolish mandatory death penalty in the country by replacing it with a punishment subject to the discretion of the courts.

Minister in the Prime Minister’s Department (Law and Parliament) Datuk Seri Dr Wan Junaidi Tuanku Jaafar said the decision was reached following his presentation of a report on Substitute Sentences for the Mandatory Death Penalty at the Cabinet Meeting, on Wednesday (June 8).

The government, he said has accepted and considered in principle all the recommendations of the Special Committee to Review Alternative Sentences to the Mandatory Death Penalty, which were explained in the study report.

"The cabinet has agreed for further scrutiny and study to be carried out on the proposed substitute sentences for 11 offences which carry the mandatory death penalty, an offence under Section 39B of the Dangerous Drugs Act 1952 and 22 offences carrying the death penalty at the discretion of the court.

"Further studies will be conducted in collaboration with the Attorney-General’s Chambers, the legal affairs division, the Prime Minister’s Department and other relevant ministries and agencies.

"This is significant to ensure that the proportionality and constitutionality of any proposal to the government on the amendments of related acts will be taken into account, later,” he said.

Wan Junaidi also said the government would also study the feasibility of the direction of the country’s criminal justice system, such as establishing a pre-sentencing procedure and a Sentencing Council, developing Sentencing Guidelines, establishing a Law Commission, prison reform and implementing sentences based on the principle of restorative justice.

The special committee is led by former Chief Justice Tun Richard Malanjum and comprised experts in the field of law such as former Chief Judge of Malaya, former state solicitors, legal practitioners, law lecturers from leading public institutions and criminologists.