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GEORGE TOWN: DAP’s Jelutong deputy today urged the courts to allow reasonable bail to criminals who are minors, women, and unhealthy individuals to prevent the spread of Covid-19 among detainees, following an increase in cases in prisons across the country.
RSN Rayer, who is also a lawyer, said that while the Prison Department’s decision to release inmates with three to four months left was a good one, the courts must play a role in reducing prison overcrowding.
In a statement today, he said the death of an 85-year-old inmate in Penang prison two days ago raised the question of the need to hold and detain prisoners facing bail and non-bail crimes. .
“In the case of M. Santhiea against the prosecutor, on September 14, the Court of Appeals granted bail under Section 388 of the Criminal Procedure Code (CPC).
“This will avoid overcrowding in local prisons and act as a temporary measure to prevent the spread of Covid-19,” he said.
According to the CPC, crimes “not subject to bail” are crimes such as murder, punishable by death under article 302 of the Penal Code.
If it is a crime that does not carry a death sentence or life sentence, the courts can offer bail.
But for cases like murder, where the punishment is the death penalty, bail cannot be offered, except in exceptional circumstances. These circumstances include whether the defendant is a woman, under the age of 16, or is considered ill.
The Department of Prisons has announced that it will grant inmates “licensed release” (ROL) in an effort to prevent more Covid-19 infections and reduce prison overcrowding.
The number of active cases among inmates and prison staff nationwide rose to 1,126 cases today, up from 673 yesterday, the department said.
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