Malaysia’s pre-trial detention system continues to disproportionately affect the country’s most vulnerable, said Malaysian Bar Council’s civil law and law reform committee M Ramachelvam.
Speaking at the forum held in Kuala Lumpur yesterday, he stressed the need for a more equitable pre-trial detention system, including reforms on the bail system, moving away from “chain remands” that lead to prolonged detention, and decriminalising certain offences to reduce prison overcrowding.
Citing cash bail payments as an example, Ramachelvam (above) highlighted that existing laws have already outlined provisions for bail to be granted without cash payments, yet in practice, it is rarely implemented.
“Cash bail impacts the economically weaker sections of society much more than those who are economically well off.
“For those who are rich, RM1 million, or RM100,000 bail, is nothing.
“But to the poor, even RM2,000 or RM3,000, it is a big sum of money which they cannot afford,” Ramachelvam stated.
Also present during the forum titled Convention of Criminal Justice and Legal Reforms was Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said.
He highlighted statistics from October 2025, where Azalina said in a written parliamentary reply that nearly 28,000 prisoners were individuals detained on remand.
“Of course, some of these remand prisoners are involved in non-bailable offences such as murder, possession of firearms, and drug trafficking cases, and whatnot.
“But to a large extent, it reflects those who cannot afford bail,” Ramachelvam said.
‘Chain remands’
Touching on “chain remands”, where a person is continuously held on different remand applications, he described it as a “major problem” and “an abuse that needs to stop”.
Following this, he suggested amendments to Section 117 of the Criminal Procedure Code (CPC) to make it mandatory for magistrates to enquire if a person who is remanded has been remanded previously, before proceeding with a further decision.
He also called for limits on prolonged pre-trial detention, citing the UK’s guidelines on a 28-day remand limit as an example, and neighbouring Thailand’s risk assessment mechanism used to determine bail conditions.
He also reminded that Sections 387 and 388 of the Criminal Procedure Code (CPC) provide legal protections to the accused, but the cash bail system and the imposition of conditions remain.
Ramachelvam said that restrictions such as the impounding of passports are frequently applied without regard for exceptions involving vulnerable groups - such as women, children, or those with ill health, adding that courts should not automatically impose these restrictions.
Held under remand for years
Meanwhile, another panellist, lawyer Hanif Hassan, pointed out that there are cases where some are held under remand for years before a trial concludes, only for them to be found not guilty later.
This, he stressed, was contradictory to the fundamental principles of criminal law, where one is always presumed innocent until proven guilty.
Therefore, Hanif suggested the introduction of guidelines for judges to assist in determining bail and remand outcomes.
“Bail is never designed to be punitive in nature against the accused. It is merely to warrant the appearance of the accused at the place, date, and time stated in the form,” he said.
Touching on the Security Offences (Special Measures) Act 2012 (Sosma), Ramachelvam urged the government to overhaul the law.
“When you are charged under Sosma, you are denied bail… and we have seen the abuses of what happens, even like the recent GISBH (GISB Holdings Sdn Bhd) case,” he said, citing that many women and children had also been arrested under the law.
“What often happens in these so-called national security threats is that their charges are then reduced to other common offences, and they are then released.
“So, the arrest and detention are something highly questionable,” he said, adding that those accused of being involved in organised crime are also being detained under Sosma.
He added that when it comes to detention and granting bail, it must go through the courts.
Reduce prison overcrowding
Meanwhile, Ramachandran said decriminalising certain offences could be a critical step toward reducing prison populations and overcrowding in detention, especially for those involved in petty crimes.
“We have a lot of petty offences which are considered as criminal cases - things like causing annoyance under the Communications and Multimedia Act, for example.
“These are things that can be handled through an administrative fine rather than the criminal justice system,” he suggested.
Similarly, Ramachelvam also urged for more rehabilitative approaches towards crimes such as substance abuse, explaining that treating such offences outside the criminal justice system could also significantly reduce prison overcrowding and the number of criminal cases.
Meanwhile, Sarawak police head of crime prevention and community safety S Parusuraman said the lengthy procedural and bureaucratic delays in charging individuals under investigation have also contributed to overcrowding in police lockups.
Nevertheless, he pointed out that the Home Ministry has since undertaken efforts to draft laws on home detention to prevent prison overcrowding.
“This will reduce around 20,000 to 25,000 prisoners, whereby they will be placed at home with a strict and rigid condition in place,” he added. - Mkini
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