There had been so many arguments about house detention of convicted prisoners in recent weeks. Little knowledge is dangerous, and it is wise to read the statue carefully and not argue based on assumptions or on memory. I also at first was influenced by arguments by some influencers that confused me, and I had to look at the law more carefully and not to listen to what influencers said.
It has been noted that there are critics who claim there is no provision in our laws allowing for house arrest. They may also be overlooking Section 43(1) of the Prison Act 1995, which reads: “Subject to any regulations made by the minister, the commissioner general may, at any time if he thinks fit, release on licence and on such conditions as may be specified in the licence, a prisoner serving any term of imprisonment.”
To my mind, that provision suggests the government has the power to release any prisoner under licence, subject to certain formalities being satisfied.
It also means the law does not even require a convict to have obtained a royal pardon to be placed under “house arrest”.
That term is simply a label used to identify one form of the licence the government may issue.
The authorities can just pick any building and gazette it for house detention for any prisoner.
Voon Lee Shan
20 January 2025
