A home designated as a prison must be modified to resemble an actual prison and function fully as a prison facility.
According to Senior Counsel Datuk Shamsuddin Nawawi, under the Prisons Act 1995, the residence cannot contain any items that could be considered weapons, such as sharp objects that could injure inmates or prison personnel.
Shamsuddin nawawi
Gazetted prison home can only house inmates
Shamsuddin explained that once a home is gazetted as a prison, it must fully function as a prison facility, with all relevant prison regulations and standard operating procedures (SOPs) enforced.
This includes having security fencing and scanning machines, while only inmates and prison personnel would be allowed on the premises.
Using former Prime Minister Datuk Seri Najib Razak’s house as an example, Shamsuddin said that if the residence does not have fencing that meets prison standards, appropriate fencing would need to be installed.
He also stressed that only inmates could stay in a house that has been gazetted as a prison.
“In Datuk Seri Najib’s case, Datin Seri Rosmah Mansor would not be allowed to stay in the same house.
“A prison is a place where inmates serve their sentences. If the house has been gazetted as a prison, only inmates can be detained there. People who are not inmates should not be housed in a prison,” he was quoted as saying by Berita Harian.
“Public shouldn’t assume Najib would be living normally”
At the same time, Shamsuddin said the public should not assume that Najib would be living at home as he normally would, with the freedom to cook or access the internet.
He explained that since there are currently no specific rules for house arrest, existing prison regulations should apply to anyone serving their sentence at home.
This means visitors who wish to see Najib would still have to go through security procedures, including being screened by scanning machines and having their details recorded in a visitors’ logbook.
“A prison is a secure area. Therefore, items such as sharp objects that could cause injury should not be allowed,” he said.
Najib razak’s home
Shamsuddin also pointed out that under Section 3 of the Prisons Act, the Minister has the power to gazette any house or building as a prison.
However, Malaysia currently does not have a specific procedure or framework for converting a house into a prison.
Until such regulations are introduced, he said house arrest should follow the existing rules and procedures used in conventional prisons.
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