PUTRAJAYA: Courts must be the prime movers to allow those convicted of petty crimes to serve their sentences outside prison, says a former Bar Council president, emphasising that the aim of punishment must always be to reform them.
Salim Bashir said as such, it was best for the offenders to be given a chance to turn over a new leaf while still being part of society.
“They are likely to mix with convicts who have committed serious offences and learn new things if sent to prison,” he said.
Salim said there was a likelihood of them “graduating” and indulging in more serious offences once they are out of jail.
The senior lawyer said this in response to a recent Court of Appeal ruling that allowed a 26-year-old electrician to be placed on a good behaviour bond for keeping a 70cm parang in his car three years ago.
The appellate court allowed P Rajesh Kumar’s appeal to substitute a 65-month jail sentence and be bound over for five years with a deposit of RM10,000 with the court.
The effect of the order is that Rajesh’s custodial sentence has been suspended. He will only be sent to jail if he commits any crime during the five years. He will also have the RM10,000 forfeited.
Salim said the Court of Appeal ruling would give guidance to the subordinate courts when the judges have to decide on the correct sentence.
In lauding the Court of Appeal ruling, lawyer Muhammad Rafique Rashid Ali said jail terms must only be reserved for serious crimes, as prescribed under the various penal laws.
“It is also time for our legislators to include non-custodial sentences as a viable alternative for non-violent crimes.”
He said binding over cases can also reduce overcrowding in jails, pointing out the danger of inmates being infected during the Covid-19 pandemic.
“The government can also save money spent looking after these inmates and employing more prison warders,” he added. - FMT
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