MCO: CJ tells judges to take prison overcrowding into consideration

CORONAVIRUS | Chief Justice Tengku Maimun Tuan Mat has urged judges to take into consideration prison overcrowding when sentencing those who violate the movement control order (MCO).

This is after the Prisons Department appealed to the courts not to jail MCO offenders as prison overcrowding has made social distancing an arduous task.

As such, the Office of the Chief Registrar of the Federal Court has informed all judicial officers to weigh in on the repercussions of prison overcrowding as stated by Tengku Maimun (photo).

"Besides taking into consideration punishments provided by existing laws, the problem regarding the risk of spreading Covid-19 that prisons could face can also be taken into consideration when sentencing for the offence of violating the MCO," the office said in a statement.

A Federal Court spokesperson added that the courts will have discretion and that the office was only highlighting the problem of prison overcrowding.

A Prison Department spokesperson revealed yesterday that there are currently 73,000 prisoners being housed in spaces intended to hold 52,000 inmates.

The MCO restricts unnecessary movement to curb the spread of Covid-19.

Violating the order is punishable with up to six months in jail, or a fine up to RM1,000, or both.

However, violators may also be slapped with other charges such as obstructing a public officer from carrying out their duties, which carries a jail sentence of up to two years, or a fine up to RM10,000, or both.

Further, some offenders who have been found guilty may be sentenced to prison in default, as they are not able to pay the fine.

Lawyer Haniff Khatri had mooted that offenders be sentenced to community service, which would be carried out after the MCO ends. - Mkini