KUALA LUMPUR (Nov 7): The proposed house arrest law will apply only to inmates held under remand for non-serious crimes, Home Minister Datuk Seri Saifuddin Nasution Ismail said on Thursday.

The move aims to address severe overcrowding in the country’s prisons, Saifuddin said, adding there are currently 87,229 inmates nationwide as of Nov 6, 2024, exceeding the actual capacity of 74,000.

"Of the 87,229 inmates, approximately 28,000 are on remand awaiting court hearings. Therefore, the government intends to allow this group to be eligible for house arrest subject to the discretion of the courts," Saifuddin said during the winding-up session for the Supply Bill 2025 in the lower house of Parliament on Thursday.

Remand, also known as pre-trial detention, is the process of holding a person until trial after they have been arrested and charged with an offence.

Saifuddin added that inmates held for serious crimes — such as offences punishable by 10 or more years in prison, including domestic and child abuse, smuggling, trafficking of persons, sexual assaults, and offences requiring mandatory caning — will be excluded from the house arrest option.

"Under the proposal, those eligible for house arrest will be required to wear electronic tags for monitoring purposes," he noted.

During the Budget 2025 speech on Oct 18, the government announced plans to draft a new law allowing house arrest as an alternative for certain offences, though Prime Minister Datuk Seri Anwar Ibrahim did not read this part aloud.

The proposal, which drew much criticism, was made after former prime minister Datuk Seri Najib Razak's claim of a royal decree that would allow him to serve the remainder of his jail term under house arrest.

Najib is currently serving a six-year jail sentence (along with a RM50 million fine) after being convicted on seven charges related to abuse of power, criminal breach of trust, and money laundering of SRC International Sdn Bhd funds. SRC is a former subsidiary of 1Malaysia Development Bhd (1MDB).

Saifuddin, however, stressed that the government is not currently considering house arrest for inmates who have already been sentenced.

"But if any Members of Parliament feel the law should be expanded to include sentenced inmates, this can be discussed when the bill is presented to the House," Saifuddin said.

Meanwhile, Saifuddin said the Home Ministry is not part of the Pardons Board and noted that the Kuala Lumpur High Court had already ruled that the purported royal addendum ordering house arrest for Najib as mere "hearsay".

"The court has decided on this matter, so it should no longer be an issue," he said.

On July 3, the High Court dismissed Najib’s application for a judicial review to produce the purported addendum, ruling that affidavits supporting the request from Deputy Prime Minister Datuk Seri Dr Ahmad Zahid Hamidi and Pahang Menteri Besar Datuk Seri Wan Rosdy Wan Ismail were also hearsay.

Read also:
Govt to draft new law enabling home detention as alternative punishment, says Anwar
High Court tosses out Najib's bid to serve sentence under house arrest

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